Disposed

Smt Hemavathi R v. Sri Somashekar P

Karnataka HC28 Mar 2023MFA/2870/2019

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of an appeal filed under Section 19(1) of the Family Courts Act. The court accepted a compromise petition filed by the parties seeking to dissolve their marriage by mutual consent, issuing a decree of divorce and confirming the settlement terms regarding alimony and child custody.

What did the court decide?

Marriage dissolved by decree of divorce based on the compromise; permanent alimony of Rs. 10 Lakhs acknowledged; custody granted to appellant wife; visitation rights granted to respondent.

Smt Hemavathi R Vs Sri Somashekar P — Matrimonial and Divorce | Karnataka HC (2023)

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MFA No. 2870 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF MARCH, 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 VIJAYKUMAR A. PATIL

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M.F.A.NO.2870 OF 2019 (FC)

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BETWEEN:

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SMT HEMAVATHI R W/O SOMASHEKAR P D/O LATE RAMAKRISHNAPPA, AGED ABOUT 36 YEARS RESIDING AT NO.553, KEMPAMMA NILAYA, 5^TH MAIN ROAD, OPP. TO HIG COLONY, NEW BEL ROAD, BENGALURU - 560 094

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Digitally signed by GAYATHRI N Location: HIGH COURT OF KARNATAKA

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(BY SRI. BOPANNA B, ADVOCATE)

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AND:

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…APPELLANT

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SRI SOMASHEKAR P S/O LATE PADMANARAYANA N AGED ABOUT 44 YEARS R/AT NO.15/A,4^TH CROSS, SHIVANANDA NAGAR, NAGARBHAVI, BENGALURU - 560 072

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PRESENTLY R/AT: NO.18/1,GROUND FLOOR, RANGAPPA STREET,

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MFA No. 2870 of 2019

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CHIKKAMAVALLI, BENGALURU - 560 004

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…RESPONDENT

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(BY SMT. MELANIE SEBASTIAN, ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, PRAYING TO a) SET ASIDE THE JUDGMENT AND DECREE DATED 27/02/2019 IN M.C.NO.4681/2014 ON THE FILE OF I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU; b) REMAND THE MATTER IN M.C.NO.4681/2014 TO THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU AND PERMIT THE APPELLANT TO DEFEND THE CASE; c) PASS SUCH OTHER ORDERS THAT THIS HON'BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE BY ALLOWING THIS APPEAL WITH COSTS IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

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MFA No. 2870 of 2019

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JUDGMENT

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Sri.Bopanna B., learned counsel for the appellant and

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the appellant are present.

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Smt.Melanie Sebastian, learned counsel for the respondent and respondent are present.

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This appeal under Section 19(1) of the Family Court Act, 1984 has been filed against the judgment and decree dated 27.02.2019 passed by the Family Court by which the petition filed by the appellant/husband seeking dissolution of marriage has been dismissed .

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Learned counsel for the parties have submitted that the dispute between the parties have been amicably settled. In this connection, they have invited the attention of this Court to compromise petition.

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The terms and conditions of the compromise petition read as under:

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MFA No. 2870 of 2019

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6. TERMS AND CONDITIONS:

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(a) In pursuance of the settlement, both parties have agreed to put an end to all the litigations pending between them.

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(b) In pursuance of the settlement, the appellant-wife and the respondent-husband have agreed to put an end to the marital life by dissolving their marriage solemnized on 05.11.2008, as their marriage has irretrievably broken and there are no chances of reconciliation.

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(c) The appellant-wife and the respondenthusband have agreed that the child Nayana shall be in the custody of appellant-wife.

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(d) Alimony:

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The respondent-husband has agreed to pay a sum of Rs.10,00,000/- (Ten Lakhs) only towards permanent alimony for the maintenance of appellant-wife and the child-Nayana and the same is paid by way of DD/Banker's Cheque bearing No.111686 dated 23.03.2023, Visweshwarapuram branch, Bengaluru in the name of appellant herein, towards the maintenance of the Appellant and the minor child

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MFA No. 2870 of 2019

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Nayana. The appellant being the custodian of the child Nayana is at liberty to utilize the maintenance amount of Rs.10,00,000/- (Rupees Ten Lakhs only) judiciously and in the best interest of herself and the child. The receipt of the said sum of Rs.10,00,000/- (Rupees Ten Lakhs only) paid to the appellant in the aforesaid manner is hereby acknowledged by the appellant.

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(e) Visitation:

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The physical custody of the child Nayana, shall be remain with the Appellant and the Respondent shall be given visiting rights, the visitation rights are mutually agreed as under:

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i) It is mutually agreed that the Respondent shall visit the child every Second and Fourth Sunday between 11.00 am and 4.00 pm.

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ii) It is mutually agreed that both the parties shall maintain peace and harmony during visiting hours to ensure that the visitation hours are well spend.

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iii) It is further mutually agreed that visitations will be subject to the consent of the child

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MFA No. 2870 of 2019

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and force shall not be exercised if the child is unwilling for visitation.

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(f) The appellant has agreed to co-operate in getting the Criminal Case against the respondent in C.C.No.16192/2016 which is pending on the file of Additional Chief Metropolitan Magistrate at Bengaluru closed / quashed.

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(g) The Appellant and the Respondent mutually agree that there are no articles to be exchanged between them.

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(h) In view of the settlement, both the Appellant and respondent hereby withdraw all the allegations made against each other and have agreed for dissolving the marriage by mutual consent.

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(i) The Appellant and the Respondent have mutually agreed not to interfere with each other's life and cause any kind of harm damaging respect/reputation of each other at any point in time.

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(j) The Appellant and the Respondent have mutually agreed to the above terms out of their own free will and there is no coercion, force and undue influence in arriving at the settlement.

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MFA No. 2870 of 2019

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(k) It is agreed that apart from the permanent alimony being paid to the appellant, there shall be no claims whatsoever by the appellant against the respondent either past, present or future. Further there shall be no mutual claims of whatsoever nature between the appellant and the respondent from the date of entering into this compromise.

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In view of the aforesaid compromise arrived at

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between the parties, the marriage performed between them is dissolved by a decree of divorce and appeal filed

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by the appellant is disposed of in the aforesaid compromise.

Sd/JUDGE

Sd/-

JUDGE

MDS

List No.: 1 Sl No.: 3

Smt Hemavathi R v. Sri Somashekar P

Case brief

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Smt Hemavathi R v. Sri Somashekar P

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