The court upheld the compromise agreement reached during mediation as the basis for dissolving the marriage and disposing of the appeal.

Headnote:
Divorce - Compromise Agreement - The court dissolved the marriage between the parties based on the compromise agreement reached during mediation, which included terms for dissolution of marriage, payment of alimony and child maintenance, and withdrawal of pending cases.
Fact of the Case:
The appellant filed a petition seeking dissolution of marriage on the ground of cruelty, which was dismissed by the lower court. The parties later reached a compromise agreement during mediation, leading to the dissolution of the marriage and disposal of the appeal.
Finding of the Court:
The court found that the marriage between the parties was dissolved based on the compromise agreement, and the appeal was disposed of accordingly.
Issues: The main issue was the dissolution of the marriage and the terms of the compromise agreement reached between the parties.
Ratio Decidendi: The court's decision was influenced by the compromise agreement, which included terms for dissolution of marriage, payment of alimony and child maintenance, and withdrawal of pending cases.
Final Decision: The marriage between the parties was dissolved by a decree of divorce, and the appeal was disposed of in terms of the compromise agreement.

JUDGMENT/ORDER

Alok Aradhe, J. - Mr.Rohit C.V, learned counsel for appellant.

Smt.Prathima Anand S.K, learned counsel for respondent.

2. This appeal under Section 19(1) of Family Court Act r/w Section 28 of the Hindu Marriage Act has been filed against the judgment and decree dated 04.07.2013 passed in M.C.No.30/2010, by which petition filed by the appellant seeking dissolution of marriage on the ground of cruelty has been dismissed.

3. We have perused the memorandum of agreement arrived at between the parties before Bengaluru Mediation Centre. The aforesaid memorandum of agreement has been duly signed by the parties as well as their counsel. The terms and conditions of the compromise reads as under:

"II) During the course of mediation, the parties have amicably settled their disputes and have agreed as follows:

a. The Appellant and the Respondent have agreed that the marriage solemnized between them as per Hindu rites and customs on 15/09/2004 at Arya Samaj Temple, Jabalpur, Madhya Pradesh, be dissolved by a decree of divorce.

b. The Appellant has agreed to pay a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) to the Respondent towards full and final settlement of all claims including alimony.

c. The Appellant has agreed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) towards the maintenance of the child.

d. The Appellant and the Respondent have agreed that the above payment of Rs.20,00,000/- (Rupees Twenty Lakhs Only) will be paid by way of DD in the name of the Respondent at the time of reporting settlement.

e. The Appellant and the Respondent have agreed that the above payment of Rs.5,00,000/- (Rupees Five Lakhs Only) to the son would be in the following manner:

i. Rs.2,50,000/- to be deposited into the account of the Shriansh Jain on 1st July 2023;

ii. Rs.2,50,000/- to be deposited into the account of the Shriansh Jain on 1st July 2024;

f. It is also agreed that, any arrears payable by the Appellant as per the interim and final orders in C.Misc.607/2009 gets merged with the agreed amount of Rs.20,00,000/- (Rupees Twenty Lakhs Only) and Rs.5,00,000/-(Rupees Five Lakhs Only).

g. That after passing of orders in the above case, the respondent agrees to withdraw the cases in C.Misc.336/2017 and C.Misc.655/2018, pending on the file of Hon'ble II Addl. Principal Judge, Family Court, at Bangalore.

h. The Appellant undertakes to bear the entire college fees of the child Shriansh Jain till the completion of his 4 years undergraduate studies in India according to his securing rank based on his merit (JEE Mains, KCET, and others engineering entrance examinations).

i. The Appellant undertakes that being a father he wants welfare of the Son Shriansh Jain and to have a decent undergraduate education, but it must be accordingly to Appellant's affordability, capacity and based on the merit rank of Shriansh Jain in Engineering Entrances Examinations.

j. In this regard the respondent has no objections for the Appellant to take all major decisions pertaining to the education of the child Shriansh Jain keeping the paramount welfare and best interests of the child in consideration.

k. Both the parties agree that apart from the above agreed terms, they have no claims of any nature whatsoever against each other - past, present or future or in respect of the moveable or immoveable properties of each other - existing or to be acquired in the future.

l. The Appellant and the respondent undertake not to interfere in the lives of each other in future."

4. Learned counsel for the appellant undertakes to hand over the two Demand Drafts payable to the respondent as well as Son - Shriansh Jain on or before 09.03.2023.

5. In view of the compromise arrived at between the parties, the marriage performed between the appellant and respondent on 15.09.2004 at Arya Samaj Temple, Jabalpur, Madhya Pradesh is dissolved by a decree of divorce and the appeal is disposed of in terms of compromise arrived at between the parties.

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