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2020 Supreme(Kar) 2257

IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
S.Sujatha, Jyoti Mulimani, JJ.
Srinivas D Shigg Avi S/O - Appellant
Versus
Smt. Shweta W/O Srinivas Shigg Avi - Respondent
MFA NO.104070 of 2018 (FC)
Decided On : 05-03-2020

Advocates:
Advocate Appeared:
For the Appellant :Sri. Arun L Neelopant, Advocate
For the Respondent:Sri. M.C. Bandi, Advocate

Headnote:

Code of Civil Procedure, 1908 - Rule 3 - Order XXIII – compromise – Offence of divorce - Matter was referred to the Mediation Center for amicable settlement - Before the Mediation Center parties have agreed to settle matter amicably and agreement is drawn to the effect – Held, Compromise petition is duly signed by both the parties and their respective counsels - Submitted by the parties that they have agreed to terms of compromise voluntarily without being influenced by any force or coercion - Compromise not being against law and being an inter se family dispute Court finds no legal inhibition to accept same - Judgment and decree of Family Court in stands modified in terms of compromise petition - Draw decree accordingly - At this juncture, learned counsel for the respondent-wife has filed an application for withdrawal of the amount lakhs deposited before this Court by the appellant/husband - Counsel for appellant-husband has no objections to allow same – Accordingly respondent-wife is permitted to withdraw amount lakhs deposited before this Court subject to due identification – Appeal disposed

JUDGMENT :

This appeal is filed by the appellant/husband assailing the judgment and decree dated 26.10.2018 passed by the Principal Judge, Family Court, Dharwad in MC No.287/2016 insofar as awarding the permanent alimony of Rs.10 lakhs to the respondent-wife is concerned.

2. The matter was referred to the Mediation Center for amicable settlement. Before the Mediation Center, the parties have agreed to settle the matter amicably and agreement is drawn to the said effect.

3. Both the parties are present before the Court who are duly identified by their respective counsels and they have filed an application seeking for compromise under Order XXIII Rule 3 of Code of Civil Procedure, 1908, which reads as under:

“Herein the appellant and respondent beg to file joint application for drawing up of compromise decree

1. The appellant/husband has filed the above appeal challenging the judgment and decree of the Family Court, Dharwad insofar as granting the permanent alimony of Rs.10 lakhs payable by the appellant to the respondent today. The parties have settled the matter amicably as per the following terms.

2. The appellant and respondent have hereby accepted the decree passed by the Family Court, Dharwad in MC No.287/2016 dated 26.10.2018 insofar as the grant of decree of divorce.

3. The respondent by way of compromise has agreed to accept the amount of Rs.5 lakhs which has already been deposited before this Hon’ble Court in full and final settlement towards her permanent alimony. The appellant has no objection to withdraw the said amount of Rs.5lakhs deposited before this Hon’ble Court.

4. The parties have given up all other claims whatsoever made against one another.

Hence, it is most humbly prayed that this Hon’ble Court to draw the decree in terms of the above compromise in the ends of justice and equity.”

4. The compromise petition is duly signed by both the parties and their respective counsels. It is submitted by the parties that they have agreed to the terms of the compromise voluntarily without being influenced by any force or coercion. The said compromise not being against law and being an inter se family dispute, this Court finds no legal inhibition to accept the same.

5. Accordingly, the judgment and decree of the Family Court, Dharwad in MC No.287/2016 stands modified in terms of compromise petition. Draw decree accordingly.

6. At this juncture, learned counsel for the respondent-wife has filed an application seeking for withdrawal of the amount of Rs.5 lakhs deposited before this Court by the appellant/husband. Learned counsel for the appellant-husband has no objections to allow the same. Accordingly, the respondent-wife is permitted to withdraw the said amount of Rs.5 lakhs deposited before this Court subject to due identification.

7. With the aforesaid observations, pending interlocutory applications stand disposed of.

8. Appeal stands disposed of in terms of the above.

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