Smt. Chandana. K v. Jayakrishna. R

Karnataka HC22 Jan 2025MFA/3281/2023

Case brief

AI extract

What is this about?

Mutual-consent dissolution of marriage through a mediated settlement recorded in a family-court appeal before the High Court of Karnataka; S.89 CPC memorandum of settlement with Karnataka Mediation Rules 24 & 25; Rs.16 lakh full-and-final settlement by demand draft; withdrawal of S.498A/504/506/354(A) IPC and DP Act criminal case CC No.1601/2021, maintenance recovery proceeding C.Misc.No.201/2022 and revision RPFC No.264/2022; divorce decree under S.13(1)(ia) Hindu Marriage Act (cruelty) set aside; Family Court Shivamogga; no children; arranged marriage solemnized 24.11.2014, separated 03.09.2018.

What did the court decide?

Marriage dissolved by mutual consent; impugned judgment and decree in M.C. No.13/2022 set aside; M.C. No.13/2022 allowed in terms of the memorandum of settlement; decree directed to be drawn accordingly. ¶¶68

Smt. Chandana. K Vs Jayakrishna. R — Maintenance and Alimony | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the memorandum of settlement arrived at in mediation was executed voluntarily by the parties and its terms are admissible under law, so as to permit disposal of the appeal in terms of the settlement. +1 more

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Court's answer

The court was satisfied that the memorandum of settlement was executed by the parties voluntarily and that its terms are admissible under law, and accordingly recorded the memorandum of settlement.

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Ratio / Principle

The miscellaneous first appeal is allowed in terms of the settlement.

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Key takeaways

The impugned judgment and decree in M.C. No.13/2022 passed by the Principal Judge, Family Court, Shivamogga is set aside.ratio¶¶69
M.C. No.13/2022 is allowed in terms of the memorandum of settlement.ratio¶¶70
The marriage of the appellant and respondent solemnized on 24.11.2014 at Vidya Bharati Sabha Bhavana, Sringeri is dissolved by mutual consent.ratio

Detailed headnote1 paragraphs

MFA No. 3281/2023 (FC), High Court of Karnataka (22.01.2025, K.S. Mudagal & C.M. Poonacha JJ.) — Appeal under S.19(1) Family Courts Act by the wife against the judgment and decree dated 01.04.2023 of the Principal Judge, Family Court, Shivamogga in M.C. No.13/2022 (Old M.C. No.4644/2019, clubbed with M.C. No.297/2019), whereby the husband's divorce petition under S.13(1)(ia) Hindu Marriage Act (cruelty) was allowed and the wife's judicial-separation petition under S.10 Hindu Marriage Act dismissed. On reference to the Mediation Centre, Shivamogga, the parties executed a Memorandum of Settlement under S.89 CPC r/w Rules 24 & 25, Karnataka Civil Procedure (Mediation) Rules, 2005: the husband paid Rs.16,00,000/- (DD No.930788 dated 07.11.2024) as full and final settlement; the wife agreed to withdraw the recovery proceeding C.Misc.No.201/2022 and the criminal case CC No.1601/2021 (Ss.498A, 504, 506, 354(A) IPC r/w S.34 IPC; Ss.3 & 4 DP Act); the husband agreed to withdraw Revision Petition RPFC No.264/2022. Finding the settlement voluntary and its terms admissible under law, the court recorded it, set aside the impugned decree, allowed the appeal, allowed M.C. No.13/2022 in terms of the settlement, and dissolved the marriage solemnized on 24.11.2014 by mutual consent.

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1 - NC: 2025:KHC:2646-DB MFA No. 3281/2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF JANUARY, 2025

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PRESENT

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THE HON'BLE MRS JUSTICE K.S.MUDAGAL

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AND

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THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 3281/2023 (FC)

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BETWEEN:

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SMT. CHANDANA. K W/O JAYAKRISHNA R., D/O KRISHNAMURTHY RAO, AGED ABOUT 31 YEARS, PRESENTLY R/AT 2ND FLOOR, BHAGYA NANDA NILAYA, ANUPINAKATTE MAIN ROAD, SHIVAMOGGA CITY - 577201 ALSO RESIDENT OF KURUGODI VILLAGE, LOKANTHAPURA HOBLI, KOPPA TALUK - 577 123 CHIKMAGALUR DISTRICT. …APPELLANT (BY SRI. PRASAD B S, ADVOCATE)

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Digitally signed by PRABHU KUMARA NAIKA Location: High Court of Karnataka

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AND:

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JAYAKRISHNA. R S/O RAMANA SHARMA, AGED ABOUT 35 YEARS, PRESENTLY WORKING AS ASSISTANT ENGINEER, OFFICE OF EXECUTIVE ENGINEER (ELECL) KPC LTD., YCCP, ANANTHAPURA GATE, YELAHANKA, BENGALURU AND PRESENTLY R/O CENTURY A-APARTMENT, A-BLOCK, DILLENIA STREET, AMARASRI CALIFORNIA, GARDEN LAYOUT, YALAHANKA,

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2 - NC: 2025:KHC:2646-DB MFA No. 3281/2023

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BENGALURU - 560064. (BY SRI. M.S. HARINATH, ADVOCATE FOR C/RESPONDENT)

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…RESPONDENT

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THIS MFA IS FILED U/S.19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DT.01.04.2023 PASSED IN MC NO.13/2022 ON THE FILE OF THE FAMILY COURT, SHIVAMOGGA, ALLOWING THE PETITION FILED U/S.13(1)(ia) OF HINDU MARRIAGE ACT AND ETC.

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THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and

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HON'BLE MR JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)

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Registry has placed the Mediation report submitted by

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the Mediation Centre, Shivamogga.

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Both parties and their counsel are present. Parties are duly identified by their respective counsel.

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Heard the parties on the memorandum of settlement. Parties admit the voluntary execution of the memorandum of settlement and the terms of the same. Appellant admits that she has received `16 lakhs by way of Demand Draft bearing No.930788 drawn on State Bank of India, Ananthapura Gate Branch, Bengaluru dated 07.11.2024

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NC: 2025:KHC:2646-DB MFA No. 3281/2023

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towards full and final settlement of her claim as stated in para No.10 (d) of the memorandum of settlement.

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Both parties submit that they have agreed to withdraw cases filed and the allegations made by them against each other. They further submit that they have agreed for dissolution of their marriage in terms of the settlement, which reads as follows:

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“MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CODE OF CIVIL PROCEDURE READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.

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1. The appellant wife has filed this appeal before the Hon'ble High Court of Karnataka challenging the Judgement and decree dated 01/04/2023 passed by the Principal Judge, Family Court at Shivamogga in M.C No.13/2022 (Old M.C No.4644/2019) granting the Decree of Divorce in favour of the Respondent husband.

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2. The above appeal came before the Hon'ble High Court of Karnataka on 29/07/2024 for admission and during the hearing, the counsels of both the parties requested for mediation to mediate and settle the matter and in view of the submissions made by the counsels of both the parties this Hon'ble Court referred the said matter to the Mediation Centre at Shivamogga.

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3. The aforesaid petition was referred to Mediation by the Hon'ble High Court of Karnataka at Bengaluru for resolving the dispute, apart from the parties their advocates of the respective parties have participated in the mediation process and accordingly the parties have arrived at an amicable settlement of the matrimonial and other disputes

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NC: 2025:KHC:2646-DB MFA No. 3281/2023

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4. The Parties herein are husband and wife and their marriage was solemnized on 24/11/2014 at Vidya Bharati Sabha Bhavana, Sringeri, in accordance with Hindu rites and customs and the said marriage was an arranged marriage, arranged by both the families.

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5. The parties after the marriage were leading a happy life but due to difference of opinion and change of priorities, gradually the parties have lost interest and mutual trust in each other and as an upshot, the parties got separated on 03/09/2018 and ever since they are living separately and there are no children born out of the said marriage as such their marital life had come to stand still. The elders and well-wishers tried to pacify but the differences are unable to be sorted out between the parties.

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6. The parties state that, the respondent husband had filed MC.No.4644/2019 for divorce on the grounds of cruelty under section 13(1) (ia) of the Hindu Marriage Act before the Family Court Bengaluru and correspondingly the wife had filed a petition for judicial separation under section 10 of the Hindu Marriage Act before the Family Court at Shivamogga in MC No.297/2019.

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7. The appellant wife subsequently filed a Transfer Petition in CP No.399/2019 to transfer the MC No.4644/2019 and accordingly got the case transferred to the family court at Shivamogga from Family Court at Bengaluru and the same was re-registered as MC No. 13/2022 and the said case was clubbed with MC No. 297/2019 and a common judgement was passed on 01/04/2023 by the Principal Judge, Family Court, Shivamogga, dismissing the petition under section 10 of Hindu Marriage Act filed by the wife and allowing the petition under section 13(1) (ia) filed by the husband in MC No. 13/2022 old MC No. 4644/2019 thereby dissolving the marriage of the parties and the appellant wife aggrieved by the judgement and decree now has preferred the instant appeal MFA No. 3281/2023 before the Hon'ble High Court of Karnataka at Bengaluru.

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8. The appellant wife filed Crl.Misc. No.203/2019 seeking maintenance under section 125 of Cr.PC before the

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5 - NC: 2025:KHC:2646-DB MFA No. 3281/2023

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Principal Judge, Family Court at Shivamogga and the same came to be disposed on 16/09/2022 by passing an order of monthly maintenance for a sum of Rs.40,000/(Forty Thousand Only) to be paid by the husband to the wife and the wife filed a recovery proceeding in C.Misc.No.201/2022 before the Principal Judge, Family Court at Shivamogga and accordingly as per the order of the Court the respondent husband has paid the monthly maintenance to the wife totally amounting to a Sum of Rs. 10,00,000/- (Rupees Ten lakhs only) to the wife and thereafter, the respondent husband preferred a Revision Petition, challenging the afore said order in RPFC No.264/2022 before the Hon'ble High Court of Karnataka at Bengaluru and the same is pending.

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9. The appellant wife had lodged a complaint against the husband for the offence punishable under section 498A, 504, 506 read with section 34 of IPC and section 3 and 4 of DP Act and section 354(A) of IPC and the same came to be registered as CC No. 1601/2021 before the JMFC II at Shivamogga and the same is pending.

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10. The parties herein after litigating the afore said cases for a prolonged period, now after mediation have voluntarily, without any coercion, fraud, undue influence, mutually agreed to settle the matter amicably between themselves with the following terms and conditions:- -

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a) The parties herein have mutually agreed to amicably settle the matter and dissolve their marriage solemnized on 24/11/2014 at Vidya Bharati Sabha Bhavana, Sringeri.

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b) The parties herein have exchanged all their respective personal belongings and both the parties do not have any of each other's articles like Gold, Silver, Clothes and other Valuables, and as such they have no claims in this regard.

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c) The parties herein agree and undertake not to interfere with the life of each other in the future.

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d) The respondent Husband has paid a Sum of Rs. 16,00,000/(Rupees Sixteen Lakhs only) to the appellant wife by way of Demand Draft Dated 07/11/2024, Bearing No.930788, Drawn on State Bank

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6 - NC: 2025:KHC:2646-DB MFA No. 3281/2023

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of India, Ananthapura Gate Branch, Bengaluru before the Mediator at the time of entering into this agreement at Shivamogga towards the fulfilment of all the obligations, liabilities, and duties towards the appellant wife and the appellant Wife declares that all her necessities, both present and future, foreseen and unforeseen, are adequately taken care by way of the said compensation paid hereunder and the appellant wife undertakes not to make any future claims against the respondent husband or his family members towards her needs and requirements.

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e) The parties have agreed that they have no claims over movable or immovable properties belonging to each other existing or to be acquired or inherited at a later stage and the parties hereby declare that they have not purchased any property jointly and have not contributed in any saving jointly at the time of living together or in the present and thus both the parties undertake not to seek any recovery in whatsoever manner from each other in the future.

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f)The parties from this day shall cease to have any right or interest in or against each other henceforth in any manner and the appellant wife shall not interfere in the life or in the work of the respondent husband in any manner whatsoever in future.

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g) The appellant wife agrees and undertakes to withdraw the recovery proceeding initiated against the respondent husband in Crl.Misc. No.201/2022 filed before the Principal Judge, Family Court at Shivamogga and in view of the present settlement, the appellant wife shall not claim any further maintenance under the said proceedings from the respondent husband and both the parties have no claim against each other in cash or in kind in the future.

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h) The Respondent Husband agrees and undertakes to withdraw the Revision Petition in RPFC No.264/2022 filed before the Hon'ble High Court of Karnataka at Bengaluru.

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i) The Appellant wife agrees and undertakes to withdraw the Criminal case filed against the respondent husband and his sister and brother- in-law in CC No. 1601/2021 before the JMFC II at Shivamogga and as such, she

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7 - NC: 2025:KHC:2646-DB MFA No. 3281/2023

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unconditionally withdraws all her claims and allegations against the respondent husband and his family members.

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j) The parties herein agrees that they shall co-operate with each other in withdrawing the cases and in completing all the procedures and formalities before the concerned Courts and authorities in order to give full effect to this Compromise.

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k) The appellant wife being an educated and empowered women is independent and is capable of earning for herself and doesn't have any claim against the husband and shall undertake not to interfere in any manner in the future.

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l) The respondent husband shall not interfere in the life of the appellant wife in the future and she shall be free to live as per her will and wish.

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m) The parties herein cease to have and to hold any right, claim or interest towards each other in whatsoever manner and both the parties have agreed to settle the matter by way of this settlement/compromise and the parties shall appear before this Hon'ble Court for passing of orders in terms of this agreement.

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In view of the aforesaid agreement entered between the parties, both the appellant and the respondent pray that this Hon'ble Court be pleased to dissolve their marriage that was solemnised on 24/11/2014 at Vidya Bharati Sabha Bhavana, Sringeri, by granting a decree of divorce and to pass necessary orders by recording this compromise/ agreement entered between the parties, in the interest of justice and equity. “

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5. Satisfied that the memorandum of settlement is

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executed by the parties voluntarily and terms of the settlement are admissible under law, therefore, the memorandum of

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8 - NC: 2025:KHC:2646-DB MFA No. 3281/2023

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settlement is recorded. Appeal deserves to be allowed in

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terms of settlement. Hence, the following:

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ORDER

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i) Appeal is allowed.

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ii) The impugned judgment and decree in M.C. No.13/2022 passed by the Principal Judge, Family Court, Shivamogga is hereby set aside.

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iii) M.C. No.13/2022 is allowed in terms of memorandum of settlement

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iv) The marriage of the appellant and respondent solemnized on 24.11.2014 at Vidya Bharati Sabha Bhavana, Sringeri is hereby dissolved by mutual consent.

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Draw decree accordingly.

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Sd/(K.S.MUDAGAL) JUDGE

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Sd/(C.M. POONACHA) JUDGE

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Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and decree dated 01.04.2023 in M.C. No.13/2022 (Old M.C. No.4644/2019) by the Principal Judge, Family Court, Shivamogga, allowing the husband's divorce petition under S.13(1)(ia) Hindu Marriage Act and dissolving the marriage.¶¶16
Family Court, Shivamogga · 01.04.2023
Prior proceeding
Marriage of the parties solemnized on 24.11.2014 at Vidya Bharati Sabha Bhavana, Sringeri, in accordance with Hindu rites (arranged marriage).¶¶35
Prior proceeding
Parties separated on 03.09.2018 and living separately since; no children born of the marriage.¶¶36
Prior proceeding
Respondent husband filed M.C. No.4644/2019 seeking divorce on grounds of cruelty under S.13(1)(ia) Hindu Marriage Act before the Family Court, Bengaluru.¶¶37
Prior proceeding
Appellant wife filed a petition for judicial separation under S.10 Hindu Marriage Act before the Family Court, Shivamogga in M.C. No.297/2019.¶¶37
Prior proceeding
Wife filed Transfer Petition C.P. No.399/2019; husband's M.C. No.4644/2019 was transferred from Family Court Bengaluru to Family Court Shivamogga, re-registered as M.C. No.13/2022 and clubbed with M.C. No.297/2019.¶¶38
Prior proceeding
Common judgment dated 01.04.2023 by Principal Judge, Family Court, Shivamogga dismissed the wife's S.10 petition and allowed the husband's S.13(1)(ia) petition, dissolving the marriage; wife preferred the instant appeal MFA No. 3281/2023.¶¶38
Prior proceeding
Wife filed Crl.Misc. No.203/2019 under S.125 Cr.PC before Family Court, Shivamogga; disposed on 16.09.2022 with an order for monthly maintenance of Rs.40,000/- payable by husband to wife.¶¶41
Prior proceeding
Wife filed recovery proceeding C.Misc.No.201/2022 before Family Court, Shivamogga; pursuant to the court's order the husband paid total maintenance of Rs.10,00,000/- to the wife.¶¶41
Prior proceeding
Husband preferred Revision Petition RPFC No.264/2022 before the High Court of Karnataka challenging the maintenance order; pending at the time of settlement.¶¶41
Prior proceeding
Wife lodged a complaint against the husband under Ss.498A, 504, 506 r/w S.34 IPC, Ss.3 & 4 DP Act and S.354(A) IPC; registered as CC No.1601/2021 before JMFC II, Shivamogga; pending.¶¶42
Prior proceeding
Appeal came before the High Court on 29.07.2024 for admission; on counsels' request the matter was referred to the Mediation Centre, Shivamogga, where parties arrived at an amicable settlement.¶¶31

Smt. Chandana. K v. Jayakrishna. R

Case brief

What is this about?

What did the court decide?

Smt. Chandana. K v. Jayakrishna. R

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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