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2021 Supreme(Kar) 737

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B. V. Nagarathna, J.M.Khazi, JJ.
Smt. Gayathri T, W/o M. Ramanjaneyalu - Appellant
Vs.
Sri. M. Ramanjaneyalu, S/o Anjanappa - Respondent
Miscellaneous First Appeal No.5643 Of 2017 (FC)
Decided On : 07-04-2021

Advocates:
Advocate Appeared:
For the Appellant :Sri. Manjunatha P, Advocate
For the Respondent:Sri. S.G. Muniswamy Gowda, Advocate.

Headnote:

Hindu Marriage Act, 1955 – Section 13 (1) (ia) – Appeal - Divorce - Seeking dissolution of Marriage – Petition was allowed and marriage between parties was dissolved by granting a decree of divorce – Aggrieved by same, appellant – wife has preferred this appeal – Held, On perusal of joint memo, court have verified terms of settlement arrived at between parties and court find them to be lawful and there is no legal impediment for accepting same – In circumstances, terms of settlement arrived at between parties are accepted by us – Consequently, Judgment and decree passed by III Addl. Judge, Family Court, is affirmed and the appeal is disposed of in terms of settlement arrived at between parties, in view of the joint memo filed by them – Appeal disposed.

JUDGMENT :

The appellant is wife while respondent is husband.

2. Respondent – husband has filed M.C.No.3005/2013 before the III Addl. Prl. Judge, Family Court, Bengaluru under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 seeking dissolution of his marriage with the appellant, which took place on 15.04.2012 at TTD Kalyana Mantapam, Penukonda, Andhra Pradhesh by Judgment and decree dated 03.03.2017. The said petition was allowed and the marriage between the parties was dissolved by granting a decree of divorce. Aggrieved by the same, appellant – wife has preferred this appeal.

3. Learned counsel for the respective parties jointly submitted that during the pendency of this appeal, parties have negotiated a settlement and the same is filed in the form of joint memo by the parties. They have submitted that the appeal may be disposed of in the terms of the joint memo.

4. Parties are also present before this Court. They have been identified by their respective counsel. When queried by this Court, the parties stated that they have indeed arrived at a settlement on their own free volition without there being any coercion and undue influence from any side. They stated, they would abide by the terms of the settlement as indicated in the joint memo.

5. Learned counsel for the respondent submitted that as per the conditions stipulated in the joint memo, a total sum of Rs.15,00,000/-is being paid by the respondent to the appellant in full and final claim of the appellant towards permanent alimony and maintenance and the same is being paid by three Demand Drafts as indicated in the joint memo namely, for a sum of (1) Rs.3,50,000/-(Rupees Three Lakhs Fifty Thousand only) by DD bearing No.034028 dated 03.04.2021 drawn on State Bank of India, Penokonda Branch, Andhrapradesh; (2) Rs.5,00,000/-(Rupees Five Lakhs only) by DD bearing No.763241 dated 03.04.2021 drawn on State Bank of India, Nandyal Branch, Andhrapradesh; and (3) Rs.6,50,000/-(Rupees Six Lakhs Fifty Thousand only) by DD bearing No.034030 dated 05.04.2021 drawn on State Bank of India, Penokonda Branch, Andhrapradesh, respectively. The said Demand Drafts were handed over by the learned counsel for the respondent to the learned counsel for the appellant, who in turn handed over the same to the appellant who has acknowledged the receipt.

6. Learned counsel for the respective parties submitted that there are other terms in the joint memo and the same shall be complied by the parties and the appeal may be disposed of in terms of the joint memo.

7. We have perused the joint memo and the same is taken on record.

8. The Joint memo is signed by the respective parties and their counsel and the terms of the same read as under:

    “The Appellant and Respondent humbly beg to submit as follows:

1. It is submitted that the respondent herein had filed the petition under section 13(1)(ia) of the Hindu Marriage Act for dissolving the marriage and to grant decree of divorce before the Hon’ble III Additional Principal Judge, Family Court at Bangalore. The Hon’ble Family Court after adducing the evidence and after hearing both the parties dissolved the marriage by granting decree of divorce by judgment and decree dated 3.3.2017.

2. Being aggrieved by the judgment and decree dated 3.3.2017 passed in M.C.No.3005/2013 on the file of the III Addl. Prl. Judge, Family Court at Bangalore granting decree of divorce dissolving the marriage held and solemnized between the Appellant and Respondent on 15.4.2012 at TTD Kalyana Mantapam, Penukonda, Andhra Pradesh, the appellant preferred this appeal.

3. The Appellant and Respondent submit that they have no children born from their wedding.

4. During the pendency the present appeal at the intervention of this Hon’ble Court, the parties have amicably resovled the disputes without there being any coercion or misrepresentation and the parties have decided to part their way and live separately without giving any trouble to each other and arrived on terms. Hence this joint memo.

5. Th

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