Allowed

Smt S Manjula v. Mr Ml Santhosh

Karnataka HC12 Jul 2023MFA/2639/2014

Case brief

AI extract

What is this about?

The First Appeals Bench allowed the appellant's appeal by modifying the impugned Family Court judgment which had dissolved the marriage. The court accepted a comprehensive settlement agreement mediated between parties, modifying the decree to include mutual release of claims, property transfer, and maintenance terms.

What did the court decide?

The judgment and decree were modified in terms of the settlement agreement, granting property transfer, maintenance payments, and reopening the marriage dissolution decree to reflect the mutual settle

Smt S Manjula Vs Mr Ml Santhosh — Maintenance and Alimony | Karnataka HC (2023)

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NC: 2023:KHC:24076-DB MFA No. 2639 of 2014

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JULY, 2023

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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 ANANT RAMANATH HEGDE MISCELLANEOUS FIRST APPEAL NO. 2639 OF 2014 (FC)

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BETWEEN:

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SMT S MANJULA, W/O MR.M.L.SANTHOSH, D/O LATE S.SIDDAPPA, AGED ABOUT 33 YEARS, R/AT NO.5/11, BETWEEN 5^TH & 6^TH CROSS, GOVINDARAJANAGAR, VIJAYANAGAR, BANGALORE-560040.

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…APPELLANT (BY SMT. JAYASHREE G, ADVOCATE)

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AND:

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Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA

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MR ML SANTHOSH, S/O MR.M.LAKSHMAN, AGED ABOUT 37 YEARS, R/AT NO.84, 12^TH MAIN, 1^ST CROSS, HAL 2^ND STAGE, INDIRANAGAR, BANGALORE-560008. …RESPONDENT (BY SRI NARAYAN RAO, ADVOCATE FOR SRI RAJESHWARA P.N, ADVOCATE)

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THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT, R/W SEC.28 OF THE HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED 01.02.2014 PASSED IN M.C.NO.79/2011 ON THE FILE OF THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BANGALORE, ALLOWING THE PETITION FILED U/S 13(1)(ia) & (ib) OF THE HINDU MARRIAGE ACT, FOR DISSOLUTION OF MARRIAGE.

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NC: 2023:KHC:24076-DB MFA No. 2639 of 2014

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THIS APPEAL COMING ON FOR HEARING THIS DAY, ANANT RAMANATH HEGDE J., DELIVERED THE FOLLOWING: JUDGMENT

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This appeal is filed challenging the judgment and decree dated 01.02.2014 passed in M.C.No.79/2011 on the file of the Family Court at Bengaluru.

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In terms of the said judgment and decree, the Family Court had allowed the petition filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955 and marriage solemnised on 16.10.2003 was dissolved at the instance of the husband who filed the petition seeking dissolution of marriage.

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Aggrieved by the aforementioned judgment and decree, the wife has filed the instant appeal.

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At the request of the parties, the matter was referred to the Mediation Centre at Bengaluru to explore the possibility of settlement. The learned mediator has submitted the memorandum of agreement entered into between the parties regarding the settlement arrived at between the parties. The terms and conditions of the settlement are as under:

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NC: 2023:KHC:24076-DB MFA No. 2639 of 2014

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“1. Both the parties herein state that their marriage was performed on 16.10.2003 at Dayanandasagar Memorial Hall (Near Ashoka Pillar). T Mariyappa Road, Jayanagar, Bengaluru, as per Hindu rites and customs.

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2. The parties state and admit that due to irreconcilable: differences and incompatibility of temperaments, they did not have any marital relationship between them since 15.07.2007. The efforts made by the elders, friends and well wishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of reunion between them. They know that their marriage is irretrievably broken down and there are no chances of reunion to lead a happy married life. Hence, both the parties have agreed and accepted regarding dissolution of their marriage, which is already dissolved as per judgment and decree dated 01.02.2014 passed in M.C. No. 79/2011.

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3. The appellant and the respondent state that they have one daughter by name Kumari Jayathri S. now aged about 17 years, under care and custody of the appellant/mother and continues to be so in future also, for which the respondent/father has no objection. Ever since the date of separation of the appellant and the respondent, their daughter is residing along with the appellant/mother.

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4 - NC: 2023:KHC:24076-DB MFA No. 2639 of 2014

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4. The appellant and the respondent have mutually agreed to settle all their disputes, claims once for all towards maintenance/permanent alimony and also maintenance of the minor daughter. In pursuance of the same the respondent/husband has agreed to give one site along with its existing structure bearing site No.16, Ward No.6, Hoysala Road, bearing old Khatha No.66/1/76/2, New Khatha No.66/1/76/2/16 situated at Kowdenahalli, Ramamurthy Nagar, K.R.Puram Hobli, Bangalore East Taluk measuring East to West 30 feet. North to South 58+56/2, totally measuring 1710 sq.ft. The said site/property is standing in the name of Smt.M.Renuka who is the mother of the respondent. The respondent has undertaken to get that site/property transferred jointly in favour of the appellant herein and their minor daughter Kum. Jayathri S. by way of gift deed to be registered within the period of two months (2 months) by Smt.M.Renuka. The respondent has agreed to bear all the expenses incurred towards the registration of the said site/property. The appellant/wife and her daughter shall be fully entitled to the said site/property as absolute owners of the same and they are entitled to deal with the site/property in any manner as the absolute owner of the same, the respondent or his family members have no objection

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5 - NC: 2023:KHC:24076-DB MFA No. 2639 of 2014

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for the same. Immediately after registration of the said site/property as stated above the appellant undertakes to withdraw Crl.Misc.No.412/2014 pending before I Addl. Prl. Judge, Family Court, Bengaluru. Besides, that the respondent has agreed to pay a sum of Rs.5,50,000/- (Rupees Five Lakhs Fifty Thousand Only) to the Appellant/wife. The said amount of Rs.5,50,000/- (Rupees Five Lakhs Fifty Thousand Only) and the above referred property is being given by the respondent/husband towards the permanent alimony / maintenance of the appellant/ wife and also towards the maintenance (including educational, marriage expenses, medical expenses etc.,) of minor daughter Kum.Jayathri S. The said amount of Rs.5,50,000/- (Rupees Five Lakhs Fifty Thousand Only) will be given by way of demand draft to the appellant before the Hon’ble High Court of Karnataka, Bengaluru at the time of reporting settlement in MFA No.2639/2014.

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5. It is further agreed by the respondent/husband that in case of any litigation arises in future and the said site / property is lost by virtue of any order / judgment and decree passed by the court of law, then in such an eventuality respondent / husband shall indemnify the appellant towards the same.

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6 - NC: 2023:KHC:24076-DB MFA No. 2639 of 2014

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6. Both the parties hereby declare that they shall have no other claims of any nature whatsoever against each other either past, present and future.

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

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8. The appellant hereby agreed that in view of the aforesaid settlement arrived between the parties she shall not make any claim in future towards maintenance/permanent alimony or any other claim on her behalf.

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9. Both the parties shall not have any claim against each other in respect of their all other movable/immovable properties either existing or to be acquired by them in future.

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10. The parties herein withdraw all the allegations made against each other.

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11. Both the parties admit that they shall not interfere in personal, professional life of each other’s lives for any reason of whatsoever from this day.

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12. The respondent has agreed to come and participate in the marriage rituals of their daughter

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Kum.Jayathri S in future subject to the condition that the respondent to be given prior formal invitation of the marriage.

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13. With pursuant to the settlement arrived between the parties, both parties withdraw all the allegations made against each other”.

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Accepting the terms of settlement, the impugned

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judgment and decree are modified in terms of the settlement referred to above.

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Accordingly, appeal is disposed of.

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Sd/JUDGE

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Sd/JUDGE

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BRN

Smt S Manjula v. Mr Ml Santhosh

Case brief

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Smt S Manjula v. Mr Ml Santhosh

Case brief

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