Partly allowed

Sri Anil Sharaf v. Smt Megha M Puranik

Karnataka HC4 Mar 2022MFA/8345/2018

Case brief

AI extract

What is this about?

The High Court disposed of an appeal against the dismissal of a judicial separation petition. Having accepted a memorandum of agreement reached via mediation covering maintenance, mutual withdrawal of allegations, and property settlement, the Court modified the Family Court judgment and allowed the appeal on the agreed terms.

What did the court decide?

The judgment of the Family Court is modified to decree separation on the terms of the mediation agreement, including payment of Rs. 15,40,000 by the appellant and withdrawal of pending restitution of

Sri Anil Sharaf Vs Smt Megha M Puranik — Maintenance and Alimony | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF MARCH, 2022

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PRESENT

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THE HON’BLE MR. JUSTICE ALOK ARADHE

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AND

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THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY

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M.F.A.No.8345/2018

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BETWEEN:

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Sri Anil Sharaf, Aged about 36 years, S/o Sri S.Gundu Rao, No.242, 10^th Cross, Pavamana Nagar, Gottigere, Bannerghatta Road, Bangalore – 560 083.

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… APPELLANT

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(By Sri Mithun.S.K., Adv.)

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AND:

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Smt. Megha M.Puranik, Aged about 31 years, D/o late Muralidhar Puranik, Residing at No.6, Rangarao Road, Opp. To Khadi Bhandar, Shankarapuram, Bangalore – 560 004.

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Also at 6^th Cross, Opposite to BJP Office, Patel Nagar, Hospet – 583 201.

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… RESPONDENT

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(By Sri Parashuram R.Hattarakihal, Adv. for C/R)

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This Miscellaneous First Appeal is filed under Section 19(1) of the Family Courts Act, against the judgment and decree dated 04.08.2018 passed in M.C.No.4615/2014 on the file of the Principal Judge, Family Court, Bengaluru, dismissing the petition filed under Section 13(1)(ib) of the Hindu Marriage Act.

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This appeal coming on for Final Hearing, this day, Alok Aradhe J., delivered the following:

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JUDGMENT

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Learned Counsel for the parties and the parties are present before the Court.

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This appeal has been filed against the judgment and decree dated 04.08.2018 passed by the Family Court, Bengaluru, in M.C.No.4615/2014, by which the petition filed by the appellant/husband under Section 13(1)(ib) of the Hindu Marriage Act, 1955, is dismissed.

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The matter was referred to the Mediation Centre. The report has been submitted by the Mediation Centre stating that the dispute between the parties has been amicably resolved. A memorandum of agreement has been entered into between the parties under Section 89 CPC read with

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Sections 24 & 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. The parties have agreed to the following terms and conditions:

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The appellant and respondent state that their marriage was solemnized on 28.04.2012 at Venkateshwara Kalyana Mantapa, Hospet, as per Hindu rites and customs.

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Due to incompatibility, misunderstanding and differences in opinion they were living separately from 20.06.2012.

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Both parties state that they have no children born to them from their wedlock.

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The appellant has agreed to pay a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) to the respondent towards all her claims of maintenance/permanent alimony, and further the appellant has agreed to pay a sum of Rs.40,000/towards the cost of one gold item and steel articles. Accordingly, in toto the appellant has agreed to pay a sum of Rs.15,40,000/- (Rupees Fifteen Lakhs Forty Thousand only) towards all her claims of maintenance/permanent alimony and the said gold item and steel item. The said amount shall be paid to the respondent by the appellant before the Hon’ble Court at the time of

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reporting settlement. The respondent has agreed for the same.

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Both the appellant and the respondent state that they have agreed to exchange all the gold and silver articles as per the list already exchanged between them and the same will be handed over to each other before the Hon’ble Court at the time of reporting settlement.

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Both parties agreed that they have no claims over the movable or immovable properties belonging to each other either existing or to be acquired in future.

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Both the parties state that they unconditionally withdraw all the allegations made against each other either orally or expressly.

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The respondent states that M.C.No.1710/2019 filed by her for restitution of conjugal rights pending before IV Addl. Prl. Family Court, Bengaluru. She undertakes to withdraw the said case without any further prosecution.

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Both the parties agree that they have no other claim of whatsoever manner against each other either past, present or future.

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Both the parties herein state that there is no undue influence, force, or coercion in entering into this agreement from any one or anything.

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Both the parties admit that they shall not interfere in each other’s lives in future for any reason of whatsoever from this day onwards for rest of their life.

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At this stage, learned Counsel for the respondent acknowledges the receipt of a sum of Rs.12,40,000/- by way of demand draft and a sum of Rs.3,00,000/- by way of cash.

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In view of the above, the judgment passed by the Family Court is modified. The appeal is disposed of on the aforesaid terms and conditions agreed between the parties.

Sd/-

JUDGE

Sd/JUDGE

Sri Anil Sharaf v. Smt Megha M Puranik

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Sri Anil Sharaf v. Smt Megha M Puranik

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