IMPORTANT POINT
Memorandum of Settlement – Once issue is settled before Court and after Court recording settlement of parties, merely because respondent re-marries, petitioner cannot be seen to call in question settlement itself on whatsoever ground except, it being a fraud.

ORDER

The petitioner is before this Court seeking to set aside the memorandum of settlement arrived at under Section 89 of the Civil Procedure Code read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 – settlement entered into on 07-08-2015 between the petitioner and the respondent and consequent quashment of the decree dated 11-08-2015 passed in

2. Heard Sri R.Ravi, learned counsel appearing for the petitioner and Sri E.Suyog Herele, learned counsel appearing for the respondent.

3. Brief facts that lead the petitioner to this court in the subject petition, as borne out from the pleadings, are as follows:—

The petitioner was once the wife of the respondent. Both the petitioner and the respondent got married on 13-08-2006. It is the claim of the petitioner in the petition that she belongs to Adi Dravida caste and the respondent belongs to other backward class and, therefore, their marriage was not accepted by the parents of the respondent. Several instances of torture meted out by the respondent and others are narrated in the petition. Those are not the issues that are necessary for consideration in this petition.

4. The respondent institutes proceedings for annulment of marriage in M.C.No.2484 of 2013 under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. When the proceedings were on, at the stage of filing of written statement, the trial Court refers the matter to mediation on the request made by the parties on 06-07-2015. The parties appeared before the mediation and arrived at a memorandum of settlement on 07-08-2015. In terms of the memorandum of settlement, the annulment of marriage or separation was agreed to between the parties and a sum of Rs. 30,00,000/- (Rupees Thirty Lakhs only) was to be paid by the respondent as permanent alimony in full and final settlement for such annulment. Based upon the said settlement arrived at in terms of Section 89 of the CPC read with Sections 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 the Court before whom M.C.No.2484 of 2013 was pending draws up a decree in terms of the said memorandum of settlement and annulment of marriage happens thereafter. While doing so, the Court permitted amendment to be carried in the plaint.

5. The respondent had alleged in the plaint that the petitioner was suffering from certain mental disorder and it was not possible for the respondent to lead a normal peaceful life. Since the settlement had been arrived at by then, the Court permitted amendment to be carried out and the portions which alleged certain acts of the petitioner got deleted. It is not in dispute that the petitioner receives the amount of Rs.30,00,000/- as permanent alimony in terms of the settlement and then consents for closure of proceedings.

6. After the annulment of marriage happens and the decree was drawn up, since the respondent had become free, he marries another lady and starts to live with the second wife. It is then, the petitioner who was the former wife, began to create problems to the respondent by registering a complaint before the jurisdictional police and also threatening the respondent with dire consequences. On such instances, the respondent approaches the civil Court in O.S.No.5350 of 2017 seeking permanent restraint upon the petitioner from trespassing into the residence of the respondent. The permanent injunction was granted by the Civil Court.

7. At the same time the petitioner institutes proceedings before the Karnataka State Scheduled Castes/Scheduled Tribes Commission, Bangalore making certain allegations. The respondent challenges the said action in Writ Petition Nos.43022-43026 of 2017. This Court on 21-09-2017 grants stay of the proceedings impugned therein. Immediately thereafter, a complaint comes to be registered by the petitioner against the respondent for several offences under the IPC. After all these proceedings having failed to secure any order in her favour, the petitioner files the subject writ petit