Partly allowed

Sri. Nithin R Dhage v. Smt. Roopa N. Dhage

Karnataka HC5 Mar 2021MFA/902/2018

Case brief

AI extract

What is this about?

Two appeals were filed challenging a divorce decree and an order granting restitution of conjugal rights. The parties mediated a settlement via the Bangalore Mediation Centre. Upon receipt of funds and verification of free consent, the Court confirmed the divorce decree and set aside the restitution order.

What did the court decide?

Appeal in restitution of conjugal rights set aside; Appeal in divorce confirmed. Decrees to be drawn accordingly.

Sri. Nithin R Dhage Vs Smt. Roopa N. Dhage — Matrimonial and Divorce | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

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DATED THIS THE 05^TH DAY OF MARCH, 2021

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PRESENT

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THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA

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AND

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THE HON’BLE MR. JUSTICE N.S. SANJAY GOWDA

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M.F.A. No.902/2018 (FC) C/W M.F.A. No.7916/2018 (FC)

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M.F.A. No.902/2018

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BETWEEN:

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SRI. NITHIN R DHAGE S/O. RAMAKRISHNA P. DHAGE AGED ABOUT 43 YEARS, R/O. FLAT NO.205, PRAMUKHA PARAMOUNT, PLOT NO.21 PADMASHREE HILLS, RADHANAGAR BANDLAGUDA, HYDERABAD 500 086. ... APPELLANT

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(BY SRI SHRIDHARA K., ADVOCATE)

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AND:

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SMT. N.D. ROOPA W/O. SRI. NITHIN R. DHARGE, D/O. K.N. GOVERDHAN, AGED ABOUT 33 YEARS, R/AT #646, 30^TH MAIN, 11^TH 'B' CROSS, J.P. NAGAR, BENGALURU - 560 078. ... RESPONDENT

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(BY SRI T. PRAKASH, ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 30.10.2017 PASSED IN M.C.NO.4042/2012 ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,

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BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 9 OF HINDU MARRIAGE ACT.

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M.F.A. No.7916/2018

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BETWEEN:

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SMT. ROOPA N. DHAGE D/O. GOVERDAN N. KAKADE W/O. NITIN R. DHAGE AGED ABOUT 33 YEARS, NO.646, 30^TH MAIN, 11^TH 'B' CROSS, J.P. NAGAR , BANGALORE - 78. ... APPELLANT

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(BY SRI T. PRAKASH, ADVOCATE)

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AND:

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SRI NITIN R. DHAGE S/O. RAMAKRISHNA P. DHAGE AGED ABOUT 40 YEARS, R/AT FLAT NO.205, PRAMUKA PARAMOUNT, FLAT NO.21 PADMASHREE HILLS, RADHA NAGAR, BANDLAGUDA , HYDRABAD - 500 086. ... RESPONDENT

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(BY SRI SHRIDHARA K., ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 24.07.2018 PASSED IN M.C. NO.334/2014 ON THE FILE OF THE V ADDITIONAL PRL. JUDGE FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) OF HINDU MARRIAGE ACT.

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THESE APPEALS COMING ON FOR ADMISSION THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:

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COMMON JUDGMENT

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Since these appeals arise between the same parties, they have been connected together and are disposed of by this common judgment.

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M.F.A.No.902/2018 is filed by the husband assailing the judgment and decree passed by V Additional Principal Judge, Family Court at Bengaluru in M.C.No.4042/2012, dated 30/10/2017. M.C.No.4042/2012 was filed by the wife under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the wife" for the sake of brevity) seeking restitution of conjugal rights. By the impugned judgment and decree, the petition was allowed. Being aggrieved, the husband has preferred this appeal.

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M.F.A.No.7916/2018 has been filed by the wife

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assailing the judgment and decree of dissolution of marriage by a decree of divorce being granted under Section 13(1)(ia) of the Act in a petition filed by the husband in M.C.No.334/2014 by the very same Court dated 24/07/2018. Being aggrieved by the said decree of divorce, the wife has preferred this appeal.

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4. Though these appeals are listed for admission,

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learned counsel for the respective parties submitted that in Crl.Misc.No.842/2019, which was pending on the file of the III Additional Principal Judge at Bengaluru, was referred to the Bangalore Mediation Centre (hereinafter referred to as "the Centre" for short) and the parties have mediated a settlement and a Memorandum of Settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation Rules), 2005 was entered into. In view of the said Settlement arrived at between the parties, the appellant/wife would withdraw her appeal and consequently, the judgment and decree of divorce in M.C.No.334/2014, dated 24/07/2018 may be confirmed.

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Learned counsel for the respective parties further submitted that in view of the above settlement, the judgment and decree passed in M.C.No.4042/2012, dated 30/10/2017 on Section 9 of the Act may be set aside.

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The parties are present before this Court. They have been identified by their respective counsel.

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When queried by this Court, they submitted

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that they have indeed entered into a Memorandum of Settlement before the Centre and in terms of the said Settlement, a sum of Rs.6,50,000/- (Rupees six lakh and fifty thousand) only is being paid today (05/03/2021) by the husband to the wife by way of demand draft bearing No.034972 dated 04/03/2021 drawn on Hongkong and Shanghai Banking Corporation Limited, Hyderabad Branch, in favour of the wife. The said demand draft is handed over by the learned counsel for the husband to learned counsel for the wife, who has in turn handed it over to the respondent-wife and she has acknowledged the receipt of the same.

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Learned counsel for the respective parties submitted that another sum of Rs.6,50,000/- (Rupees six lakh and fifty thousand only) shall be paid for the benefit of the minor child Anvitha @ Neelima N.Dhage, who is presently aged about twelve years. The said amount shall be paid in the name of the wife who shall use it for the welfare and benefit of the minor child. The said amount shall be paid once the proceeding initiated by the wife under Sections 448A and 506 of the Indian Penal Code

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read with Sections 3 and 4 of the Dowry Prohibition Act, 1961 in C.C.No.25691/2012 pending on the file of V ACMM Court, Bengaluru and transferred to III ACMM Court, Bengaluru is concluded.

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Copy of the Memorandum of Settlement which is appended to the memo of withdrawal filed by the learned counsel for the appellant is perused. The same reads as under:

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" MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.

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I. The above petition is filed by the Petitioners seeking maintenance of Rs.25,000/- per month and Rs.1,00,000/- (Rupees One Lakh Only) towards the education and other expenses of the 2^nd Petitioner/daughter against the Respondent/husband.

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II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of Video Conference Mediation the parties along with their advocate have participated and resolved their dispute and agreed to the following terms and conditions:-

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The 1^st petitioner and the respondent were married on 14.12.2006 at N.G.R. Kalyana Mantapa, No.6/B, J.P.Nagar, III Phase, Bannerghatta Main Road, Bengaluru, as per Hindu rites and customs.

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The 2^nd Petitioner namely Neelima N.Dhage is the daughter of the 1^st Petitioner and Respondent, who is aged about 12 years, presently in the care and custody of the mother and the daughter will continue to be in care and custody of the mother in future also for which the Respondent has no objection.

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The parties are living separately since January 2012.

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The Petitioner and Respondent have settled their dispute. The Respondent/husband agreed to pay a sum of Rs.13 lakhs as full and final settlement of all their claims for maintenance in the past, present and for future. Out of this settlement amount, the husband/Respondent will pay permanent alimony of Rs.6.5 lakhs to the wife/1^st Petitioner and remaining Rs.6.5 lakhs to the daughter/2^nd Petitioner towards their permanent maintenance in full and final settlement and the 1^st Petitioner/wife has no objection and has accepted to receive the same as full and final settlement amount towards all past, present and future claims on

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her behalf and also on her minor daughter's behalf for whom she has been appeared as guardian.

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The 1^st Petitioner has filed a petition for Restitution of Conjugal Rights against the Respondent/husband before the family court and the same was allowed. Aggrieved by the said order the Respondent/husband has challenged the same before the High court of Karnataka in M.F.A.902/2018 and the same is pending.

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The Respondent/husband has filed a petition for Divorce against the wife/1^st Petitioner before the Family Court and the same was allowed and aggrieved by the said order the wife/1^st Petitioner has challenged before the High Court of Karnataka in M.F.A.No.7916/2018 and the same is pending.

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The 1^st Petitioner/wife has filed a complaint against the Respondent/husband (A1). Mother-in-Law (A2) and Father-in-Law (A3) under Section 498A, 506 of IPC and Section 3, 4 of Dowry Prohibition Act of IPC which is numbered as C.C.25691/2012 and is pending on the file of the V ACMM Court, Bangalore and currently, the case is transferred to XXX^th ACMM Court, Bangalore.

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The 1^st Petitioner and the Respondent have agreed to settle and close all the cases in accordance with law pending against each other in view of the agreement entered into by them in the above case and both the parties have agreed to co-operate with each other to settle and close all the pending cases.

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The Respondent/husband has agreed to pay Rs.6.5 lakhs as permanent alimony to the 1^st Petitioner/wife by way of Demand Draft, wide DD Number: 034472, Payable To: Roopa N.D., dated: 28^th September 2020, drawn at Hyderabad Branch, Bank name: The Hongkong and Shanghai Banking Corporation Limited payable at Bangalore at the time confirming the order of divorce passed by the Hon'ble Family Court, Bengaluru, in M.F.A.No.7916/2018.

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The remaining amount of Rs.6.5 lakhs which is being paid towards the maintenance expenses on education, health, marriage etc., of the 2^nd Petitioner/daughter shall be paid by DD to the 1^st Petitioner/wife at the time of setting the C.C.No.25691/2012 which is pending on the file of the V-ACMM Court, Bangalore by filing necessary application before the Honorable High Court of Karnataka, Bangalore. Further out of Rs.6.5 lakhs, the 1^st Petitioner agreed to fix deposit Rs.2.5 lakhs in favour of the 2^nd

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Petitioner/daughter in any Nationalized Bank till the attains majority and the details should be furnished to the Court and to the Respondent by e-mail.

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The Respondent/husband will have visitation rights to visit the 2^nd Petitioner/daughter at the time convenient to him as he is presently residing at Hyderabad. The Respondent will visit the child at Bengaluru with prior intimation to the child. The 2^nd Petitioner/daughter shall not travel to the Hyderabad to see her father, as the father himself will make the trip to Bangalore to see her.

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The Respondent's mother Smt.Aruna Dhage has lodged a complaint which is numbered as Crime No.415/2019 at Chikkadapalli Police Station, Hyderabad against the 1^st Petitioner. In view of the agreement entered into between the parties herein the Respondent undertakes to settle the complaint lodged by his mother against his wife/1^st petitioner, in accordance with law.

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Both the parties agreed that they will not raise any financial claims and rights over the movable and immovable properties belonging to each other either past, present or future.

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Both the parties state that they have already exchanged their valuable articles, gifts etc., belonging to each other.

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Both the parties further state that there has been no collusion or force, fraud or any undue influence in filing the above petition and entering into this compromise in the aforesaid manner.

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Both the parties admit that they shall not interfere in the live of each other in future and also shall not have any contact with each others friends and relatives. They shall not create any situation which may defame or lower the reputation of parties or their family members in the society. It is further agreed that they shall not enter at each other's residence and work place.

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III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to pass an appropriate order in terms of the aforesaid agreement.

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IV. Both the parties have to appear before the Hon'ble Court as directed and when the date of appointment given by Family Court for passing orders in terms of the agreement.

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VERIFICATION

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We, the parties above named do hereby solemnly state and declare that what is contained in

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paragraphs I to IV as read through video conference are true to best of our knowledge, belief and information and assenting to the same we have signed the scanned copy sent by Bangalore Mediation Centre as it is.

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Sd/N.D.Roopa @ Roopa N.D. 1^st Petitioner

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Sd/Sd/Anvitha@ Nithin R.Dhage Neelima N Dhage Respondent" 2^nd Petitioner Represented by 1^st Petitioner/ mother

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When queried, the parties submitted that the

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said Settlement has been arrived at on their free volition without there being any coercion or undue influence from any side. The parties stated that they would abide by the said settlement and that the appeals could be accordingly disposed. We have perused the terms of the settlement and we find the same to be lawful. We do not find any legal impediment in accepting the same. Hence, they are accepted by this Court.

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Since the settlement has already been arrived at before the Centre in view of the memo filed by the appellant/wife in M.F.A.No.7916/2018 seeking withdrawal of the appeal, the same is permitted to be withdrawn.

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Hence, the judgment and decree of dissolution of marriage by a decree of divorce granted in M.C.No.334/2014 dated 24/07/2018 by the V Additional Principal Judge, Family Court at Bengaluru is confirmed. Consequently, the judgment and decree passed in M.C.No.4042/2012, dated 30/10/2017, by the V Additional Principal Judge, Family Court, Bengaluru, which has been assailed by the appellant/husband in MFA.No.902/2018 is set aside. Appeals are disposed in the aforesaid terms.

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12. Registry to draw up the decrees accordingly.

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In view of disposal of the appeal, I.A.No.1/2018 filed in MFA.No.902/2018 stands disposed.

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Sd/JUDGE

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Sd/JUDGE

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Sri. Nithin R Dhage v. Smt. Roopa N. Dhage

Case brief

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Sri. Nithin R Dhage v. Smt. Roopa N. Dhage

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