S. A. Chandrashekar, Son of Late Anjaneya Reddy. Vs. M. Hemavathi, Wife of S.A. Chandrashekar - Court Judgment

SooperKanoon Citationsooperkanoon.com/923191
SubjectCivil
CourtKarnataka High Court
Decided OnJan-18-2012
Case NumberM.F.A. No. 796 OF 2007(FC)
JudgeN.X. PATIL; C. R. KUMARASWAMY, JJ.
ActsCode of Civil Procedure (CPC) - Order 23 Rule 3
AppellantS. A. Chandrashekar, Son of Late Anjaneya Reddy
RespondentM. Hemavathi, Wife of S.A. Chandrashekar
Advocates:Sri. T.K. Rajagopala, Adv
Excerpt:
[n.x. patil; c. r. kumaraswamy, jj.] this m.f.a. is filed under section 19(1) of the family courts act, against the judgment and decree dated 28/10/2006 passed in m.c.no.932/1996 on the file of the prl. judge, family court, bangalore, dismissing the petition filed u/s. 13 (1) (ia) and 13 (1) (iii) of the hindu marriage act for divorce.1. this appeal by the appellant-husband is directed against the impugned judgment and decree dated 28/10/2006 passed in m.c.no.932/1996 by the principal judge, family court, bangalore. 2. we have heard learned counsel for both the parties. during the course of their submission, they have held a compromise petition dated 18.01.2012 under order 23 rule 3 of cpc, duly signed by both the parties who are present before the court and attested by there and submitted that, the instant appeal may be disposed of in terms of the said compromise petition. 3. we have asked both appellant and respondent as to whether they have agreed to the terms and conditions of the compromise petition. for that, they submitted that, they have agreed to the terms and conditions of the compromise petition. 4. the terms and conditions of the compromise petition dated 18th january 2012 reads as under:-" 1. the marriage of the respondent with the appellant was solemnized on 12.1.1995 with the consent of the elders of both sides. 2. there have been irreconcilable differences between the appellant and the respondent and they have been residing separately from the other since 29.04.1996 and their marriage has virtually broken down till date. 3. the respondent deserted appellant, after desertion by respondent, practically there has been no connection between two in any manner whatsoever. the appellant and respondent have come to a mutual consent and understanding to get their marriage dissolved by divorce. 4. even though efforts to reunite took place by elders and well wishers, it failed. now finding, there is no point to persist for reuniting smt. hemavathi has agreed to give her consent by way of a mutual consent to a divorce. 5. consequently to which the appellant hereby agrees to give a sum of rs.6,00,000/- (rupees six lakhs only) vide d.d. no.377625 dated 16.01.2012 drawn on the karnataka bank ltd., basavanagudi branch, bangalore, which he has paid today as permanent alimony to the respondent and the respondent hereby acknowledges the receipt of the same and with the receipt of this amount, the respondent reserves to herself no right whatsoever to claim any maintenance or any other claim whatsoever hereafter from the appellant and she hereby undertakes to withdraw unconditionally as not pressed the cr.misc.petition no.558/2008 on the file of 4 addl. family court, bangalore. 6. the respondent herein reserves no right whatsoever to claim any right of succession or inheritance either as to the self acquired property of the appellant or the appellant's joint family property or any other properties whatsoever. 7. similarly the appellant reserves no right whatsoever to claim any property of the respondent, either her self-acquired or otherwise. 8. respondent hereby undertakes to withdraw criminal case p.c.r.no.29121/2011 filed against the appellant on the file of 3rd ac mm, bangalore. 9. both the parties herein admit that no movable property, household articles, jewels, etc. of the appellant are with respondent and similarly of the respondent is with the appellant. 10. the appellant and the respondent have gone through the compromise petition and have understood the contents of the same and thereafter they have signed this compromise petition which is in the mutual interest of the appellant and respondent. 11. this compromise petition deems to be full and final settlement and either parties agrees that they and or any of the legal heirs will raise any future dispute of any nature whatsoever on disposal of this compromise petition. wherefore, the parties herein request this honble court to record this compromise petition and to grant the decree of divorce as sought in the petition in which the impugned judgement has been passed in the interest of justice.' 5. placing the submissions made by learned counsel for both the parties, the submissions made by both the appellant and respondent who are present before the court and the terms and conditions of the compromise petition as stated supra on record, the instant appeal is disposed of in terms of the compromise petition, granting the decree of divorce as sought in the petition by modifying the impugned judgment and decree dated 28/10/2006 passed in m.c.no.932/1996 by the prl. judge, family court, bangalore, at the risk of appellant and respondent. office is directed to draw the decree in terms of the compromise petition. ordered accordingly.
Judgment:

1. This appeal by the appellant-husband is directed against the impugned judgment and decree dated 28/10/2006 passed in M.C.No.932/1996 by the Principal Judge, Family Court, Bangalore.

2. We have heard learned counsel for both the parties. During the course of their submission, they have held a compromise petition dated 18.01.2012 under order 23 Rule 3 of CPC, duly signed by both the parties who are present before the Court and attested by there and submitted that, the instant appeal may be disposed of in terms of the said compromise petition.

3. We have asked both appellant and respondent as to whether they have agreed to the terms and conditions of the compromise petition. For that, they submitted that, they have agreed to the terms and conditions of the compromise petition.

4. The terms and conditions of the Compromise petition dated 18th January 2012 reads as under:-"

1. The marriage of the respondent with the Appellant was solemnized on 12.1.1995 with the consent of the elders of both sides.

2. There have been irreconcilable differences between the Appellant and the Respondent and they have been residing separately from the other since 29.04.1996 and their marriage has virtually broken down till date.

3. The Respondent deserted Appellant, after desertion by respondent, practically there has been no connection between two in any manner whatsoever. The Appellant and Respondent have come to a mutual consent and understanding to get their marriage dissolved by Divorce.

4. Even though efforts to reunite took place by elders and well wishers, it failed. Now finding, there is no point to persist for reuniting Smt. Hemavathi has agreed to give her consent by way of a Mutual Consent to a Divorce.

5. Consequently to which the Appellant hereby agrees to give a sum of Rs.6,00,000/- (Rupees Six lakhs only) vide D.D. No.377625 dated 16.01.2012 drawn on The Karnataka Bank Ltd., Basavanagudi Branch, Bangalore, which he has paid today as permanent alimony to the Respondent and the Respondent hereby acknowledges the receipt of the same and with the receipt of this amount, the Respondent reserves to herself no right whatsoever to claim any maintenance or any other claim whatsoever hereafter from the Appellant and she hereby undertakes to withdraw unconditionally as not pressed the Cr.Misc.Petition No.558/2008 on the file of 4 Addl. Family Court, Bangalore.

6. The Respondent herein reserves no right whatsoever to claim any right of succession or inheritance either as to the self acquired property of the Appellant or the Appellant's Joint family property or any other properties whatsoever.

7. Similarly the Appellant reserves no right whatsoever to claim any property of the Respondent, either her self-acquired or otherwise.

8. Respondent hereby undertakes to withdraw Criminal case P.C.R.No.29121/2011 filed against the Appellant on the file of 3rd AC MM, Bangalore.

9. Both the parties herein admit that no movable property, household articles, jewels, etc. of the Appellant are with Respondent and similarly of the Respondent is with the Appellant.

10. The Appellant and the Respondent have gone through the Compromise Petition and have understood the contents of the same and thereafter they have signed this Compromise Petition which is in the mutual interest of the Appellant and Respondent.

11. This compromise petition deems to be full and final settlement and either parties agrees that they and or any of the legal heirs will raise any future dispute of any nature whatsoever on disposal of this compromise petition. WHEREFORE, the parties herein request this Honble Court to record this Compromise Petition and to grant the decree of Divorce as sought in the Petition in which the impugned judgement has been passed in the interest of justice.'

5. Placing the submissions made by learned counsel for both the parties, the submissions made by both the appellant and respondent who are present before the Court and the terms and conditions of the Compromise petition as stated supra on record, the instant appeal is disposed of in terms of the compromise petition, granting the decree of divorce as sought in the petition by modifying the impugned judgment and decree dated 28/10/2006 passed in M.C.No.932/1996 by the Prl. Judge, Family Court, Bangalore, at the risk of appellant and respondent.

Office is directed to draw the decree in terms of the compromise petition. Ordered accordingly.