Settlement between parties in divorce cases leads to modification of earlier decrees under the Hindu Marriage Act.

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE JUDGMENT AND DECREE DATED 30.08.2023 PASSED BY THE PRL. JUDGE, FAMILY COURT, VIJAYAPURA, IN M.C.NO.127/2020.

THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE H.P.SANDESH AND HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE H.P.SANDESH)

This miscellaneous first appeal is filed under Section

19(1) of Family Courts Act, praying to allow the appeal and set aside the judgment and decree dated 30.08.2023 passed by the Principal Judge, Family Court, Vijayapura, (for short ‘the Family Court’) in M.C.No.127/2020.

2. The appellant and the respondent are present before the Court. The learned counsel appearing for both the parties are present before the Court and they have identified their respective parties.

3. Learned counsel appearing for both the parties submit that the matter is settled between the parties before the Mediation Centre.

4. The report is submitted before this Court.

5. We have perused the impugned judgment and decree passed by the Family Court. The Family Court granted decree both under Sections 13 (1)(ia) and

13(1)(ib) of the Hindu Marriage Act, 1955 (for short, ‘the Act’).

6. In view of the settlement arrived at between the parties, and since the respondent-husband earlier deposited an amount of Rs.5,00,000/- before the Family Court and has now paid a further sum of Rs.4,00,000/- by way of demand draft before this Court, which has been acknowledged by the appellant-wife, the impugned judgment and decree dated 30.08.2023 passed by the Family Court in M.C.No.127/2020 is modified. The judgment and decree passed under Section 13 (1)(ia) of the Act is set aside, and the decree of divorce granted under Section 13 (1)(ib) of the Act is confirmed, as the marriage between the parties has irretrievably broken down.

7. The respondent-husband has no objection to the withdrawal of the amount deposited before the Family Court by the appellant-wife. Hence, the Family Court is directed to release the said amount in favour of the appellant on proper identification.

8. In view of the settlement between the parties, and since the appellant has accepted a sum of Rs.9,00,000/- as permanent alimony towards full and final settlement, both parties have agreed to withdraw all pending cases between them. Accordingly, there shall be no future claims by either party against each other.