Disposed

Sri D v. Manjunath v Smt Jyothi R

Karnataka HC3 Jul 2023MFA/3781/2019

Case brief

AI extract

What is this about?

The High Court disposed of the miscellaneous first appeal filed against a divorce decree by confirming the original judgment based on a compromise deed arrived at between the parties regarding maintenance and settlement of claims.

What did the court decide?

Appeal disposed of; original judgment and decree dated 16.04.2018 confirmed based on settlement terms including Rs.3,15,000 payment.

Sri D v Manjunath Vs Smt Jyothi R — Maintenance and Alimony | Karnataka HC (2023)

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NC: 2023:KHC:22720-DB MFA No.3781 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD 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

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MISCELLANEOUS FIRST APPEAL NO.3781 OF 2019 (FC)

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BETWEEN:

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Digitally signed by RUPA V Location: High Court of Karnataka

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SRI. D.V. MANJUNATH S/O VENKATESHAIAH AGED ABOUT 32 YEARS R/AT DUDUAPPANA HALLI BACHENAHALLIL DHAKALE, KASABA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT.

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(BY SRI. K.K. PAULOSE, ADV.,)

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…APPELLANT

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AND:

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SMT. JYOTHI R AGED ABOUT 32 YEARS R/AT NO.13/4, 4TH MAIN 2ND CROSS, GOVINDARAJANAGAR BENGALURU - 560040.

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…RESPONDENT

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(BY SRI. N. MADHU SUDHANA, ADV., FOR SMT. T.R. RAJESHWARI, ADV.,)

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THIS MFA IS FILED U/S 19(1) OF THE FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 16/04/2018, PASSED IN MC. NO.4200/2014, ON THE FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED U/SEC.13(1)(ia) OF HINDU MARRIAGE ACT, 1955.

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

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2 - NC: 2023:KHC:22720-DB MFA No.3781 of 2019

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JUDGMENT

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This appeal has been filed against judgment and decree dated 16.04.2018 passed by the Family Court by which petition filed by the appellant / husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955, has been allowed.

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Learned counsel for the parties jointly submit that the dispute between the parties has been amicably settled. In this connection, attention has been invited to the report submitted by the Bengaluru Mediation Centre. The terms and conditions arrived at between the parties read as under:

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"1. The appellant and respondent state that their marriage was dissolved by a decree of divorce in M.C.No.4200/2014 by the II Addl. Prl. Judge, Family Court, Bengaluru on 16.04.2018.

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

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3. In view of this agreement the appellant has agreed to pay a sum of Rs.3,15,000/-

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3 - NC: 2023:KHC:22720-DB MFA No.3781 of 2019

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(Rupees Three Lakhs Fifteen Thousand Only) to the respondent towards all her claims of maintenance/permanent alimony as full and final settlement. Out of the agreed amount a sum of Rs.15,000/- has already been paid to the respondent on 21.04.2023 and the respondent acknowledges the receipt (Rupees Three Lakhs Only) has been paid to the respondent by way of Demand Draft bearing No.042499 dated 21.04.2023 drawn on SBI, Chikkagolarahatti.

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4. Both the petitioner and the respondent state that they have no claims over the movable or immovable properties either existing or to be acquired in future.

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5. 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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6. The respondent has agreed to withdraw Ex.P.No.183/2016 pending on the file of II Addl. Prl. Judge, Family Court, Bengaluru, after reporting the settlement before Hon'ble Court.

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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 anything.

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8. Both the parties admit that they shall not interfere in each other's lives in future for any

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NC: 2023:KHC:22720-DB MFA No.3781 of 2019

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reason of whatsoever from this day onwards for rest of their life."

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In view of the compromise arrived at between

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the parties, judgment and decree dated 16.04.2018 passed in M.C. No.4200/2014 is confirmed.

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Accordingly, the appeal is disposed of in terms of compromise arrived at between the parties.

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Consequently, pending interlocutory applications are also disposed of.

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Sd/JUDGE

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Sd/JUDGE

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Sri D v. Manjunath v Smt Jyothi R

Case brief

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Sri D v. Manjunath v Smt Jyothi R

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