Disposed

Smt. Nidhi Sinha v. Sri. Kunal Sharan

Karnataka HC11 Nov 2024MFA/7739/2019

Case brief

AI extract

What is this about?

The High Court disposed of an appeal against a divorce decree where the parties, after dispute resolution via Karnataka Mediation Centre, executed a settlement. The Court accepted the mediation report where the appellant agreed to withdraw criminal cases in exchange for increased maintenance and approved the original divorce decree.

What did the court decide?

The appeal was disposed of by accepting the mediation report; the original divorce decree is confirmed, and the appellant is directed to withdraw pending criminal cases as per the settlement for full

Smt. Nidhi Sinha Vs Sri. Kunal Sharan — Maintenance and Alimony | Karnataka HC (2024)

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1 - NC: 2024:KHC:45478-DB MFA No. 7739 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF NOVEMBER, 2024

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PRESENT

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THE HON'BLE MR JUSTICE K.SOMASHEKAR

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AND

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THE HON'BLE MR JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 7739 OF 2019 (FC)

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BETWEEN:

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SMT. NIDHI SINHA W/O KUNAL SHARAN D/O RAMESHWAR PRASAD AGED ABOUT 33 YEARS R/AT Q.NO.A/21 KANKARBAGH HOUSING COLONY PATNA, BIHAR PINCODE-800020.

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…APPELLANT

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(BY SRI. KEMPARAJU - ADVOCATE)

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Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka

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AND:

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SRI. KUNAL SHARAN S/O ANIL KUMAR SHARAN AGED ABOUT 37 YEARS R/AT NO.D-53, CFTRI RESIDENTIAL COMPLEX KALIDASA ROAD JAYALAKSHMIPURAM MYSURU-570012.

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…RESPONDENT

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(BY SRI. K M BASAVARAJ - ADVOCATE)

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THIS MFA FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 27.05.2019 PASSED ON MC NO.92/2017 ON

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THE FILE OF THE I-ADDITIONAL PRL. JUDGE, FAMILY COURT, MYSURU.

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THIS MFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND

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HON'BLE MR JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

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This appeal is directed against the judgment and

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decree rendered by the Court of the I Addl. Principal Judge, Family Court, Mysuru, in M.C.No.92/2017 dated 27.05.2019 wherein urging various grounds.

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Shri Kemparaju is the learned counsel on record

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for the appellant. Shri K.M. Basavaraj, learned counsel for the respondent is present before Court.

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Learned counsel for the respondent submits that the matter was referred to Karnataka Mediation Centre, Bengaluru, to explore the possibility of an amicable settlement of the issues that emerged between the appellant and the respondent. He submits that the matter

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is now settled between the parties, in respect of which the Karnataka Mediation Centre, Bengaluru has forwarded a report in this matter for consideration. The mediation report is appended with a letter of correspondence dated 30.10.2024 of the Deputy Director of Mediation. The memorandum of agreement under Section 89 of the CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, entered into between the parties, reads thus:

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“I. The above appeal is filed by the appellant/wife under section 19(1) of the Family Court Act, against the judgment and Decree dated 27.05.2019 passed in M.C.No.92/2017 granting decree of divorce in favour of the respondent/husband on the file of the 1st Addl. Prl. Judge, Family Court, at Mysuru.

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II. The above appeal is referred for mediation for resolving the dispute between the parties. During the course of mediation both the parties have resolved their differences and have agreed to the following terms:-

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a. In the said case the Hon'ble Court awarded Rs. 10,00,000/(Rupees Ten Lakh Only) towards permanent alimony and Rs.1,42,518/- (Rupees One

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Lakh Forty Two Thousand Five Hundred Eighteen Only) towards litigation expenses.

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III. The Appellant has also filed criminal case under section 498A of IPC., and sec.3 & 4 of D.P Act based on FIR No.704/2016 before Kankarbagh Police Station, Patna and the police have filed a charge sheet No.538/2017 before the JM 1 Class, Patna, SDJM, Patna bearing No.G.R.Case 7567/2016 pending before the said court.

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Both the parties admit that there are no children born to them from this wedlock.

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Both the parties have understood that their marriage is irretrievably broken down and their relationship as husband and wife is strained. Despite the intervention friends and family members of both the sides they could not reconcile.

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The respondent/husband has agreed to pay a total sum of Rs.21,00,000/- (Rupees Twenty One Lakhs Only) to the respondent as detailed hereunder.

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a) Rs.8,00,000/- (Rupees Eight Lakhs Only) by way of RTGS/DD/NEFT/. The said payment shall be made to the appellant at the time of passing orders by the Hon'ble High Court of Karnataka in the above appeal.

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b) Rs. 13,00,000/- (Rupees Thirteen Lakhs Only) by way of RTGS/DD/NEFT/. The said payment shall be paid to the appellant. When the appellant either withdraws the criminal case filed by her under section 498A of IPC., on the Magistrate at Patna against all accused or the

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respondent get the same quashed for which the appellant herein shall co-operate to close the above case.

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III. The appellant has agreed to receive the above said payment of Rs.21,00,000/- (Rupees Twenty One Lakhs Only) as detailed herein above towards full and final settlement of all her claims including the permanent alimony and the litigation expenses awarded in M.C.No.92/2017 on the file of the 1st Addl. Prl. Judge, Family Court, at Mysuru.

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In view of the appellant having agreed to receive the above said sum towards all her claims including alimony she has no objection whatsoever for confirming the decree of divorce passed in M.C.No.92/2017 on the file of the 1st Addl. Prl. Judge, Family Court, at Mysuru.

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The appellant hereby declares and affirms that apart from the above payment she shall have no claim of any nature against the respondent herein.

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The appellant also undertakes that she shall withdraw any complaint If filed or pending before any authorities in this settlement agreement.

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IV. In view of the aforesaid agreement entered into between the parties, the appellant in both the appeals pray that this Hon'ble Court be pleased to pass appropriate orders by confirming the judgement and decree dated: 27.05.2019 IN M.C.No.92/2017 on the file of 1st Addl. Prl. Judge, Family Court, at Mysuru.

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V. Parties will appear before this Hon'ble High Court of Karnataka, Bangalore for passing appropriate orders.

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VI. The above settlement terms are read over to the parties through their respective counsel and the parties have understood the same to their satisfaction.”

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The respondent / Shri Kunal Sharan is present before Court physically and acknowledges the mediation report. Hence, the learned counsel prays that the mediation report be taken on record and the appeal be disposed of in terms of the said report.

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The operative portion of the judgment and decree dated 27.05.2019 rendered by the Family Court in M.C.No.92/2017 indicates that the marriage of the petitioner and the respondent which was solemnized on 19.04.2014 at Kankarbagh Housing Colony, Patna, Bihar, is hereby dissolved and the petitioner is directed to pay Rs.10,00,000/- to the respondent towards permanent alimony and a sum of Rs.1,42,518/- to the respondent towards the expenses for the court visit.

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It is clarified the that the said order dated 27.05.2019 has merged with the terms of the joint

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settlement arrived at between the appellant and the respondent at the mediation. Accordingly, the Mediation Report is taken on record and the appeal is disposed of in terms of the memorandum of settlement arrived at between the appellant and the respondent.

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SD/(K.SOMASHEKAR) JUDGE

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SD/(RAJESH RAI K) JUDGE

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Smt. Nidhi Sinha v. Sri. Kunal Sharan

Case brief

What is this about?

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Smt. Nidhi Sinha v. Sri. Kunal Sharan

Case brief

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