THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED:19.03.2024 PASSED IN MC NO.365/2024 ON THE FILE OF THE 1ST ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED U/S.13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955.

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

CORAM: HON'BLE MR. JUSTICE D K SINGH

and

HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

1. The parties have settled their disputes through the process of mediation.

2. The terms of settlement arrived at between the parties and signed by them along with the mediators are as under:

"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005

I. The Appellant/Petitioner has filed above appeal against the judgment and decree dated 19.03.2024 made in M.C.No.365/2024 by I Additional Principal Judge, Family Court, Bengaluru allowing the petition.

II. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, the Appellant/Petitioner and the Respondent were present along with their respective Advocates. Both the parties after a thorough discussion with the able assistance of their respective Advocates have resolved their disputes and have agreed to the following terms and conditions:

1. Both the parties state that their marriage was solemnized on 20.02.2022 at Sri Mahalakshmi Kalyana Mantapa, Mahalakshmi Temple, Goravanahalli, Koratagere Taluk, Tumkuru District as per Hindu rites and customs. Both the parties state that their marriage has remained unconsummated. Both parties further state that their marriage was short lived and on account of incompatibility and lack of understanding between them they started living separately from 05.09.2022.

2. In the circumstances the Respondent had filed a petition in M.C.No.365/2024 under section 13 (1) (1a) of the Hindu Marriage Act, before the I Additional Principal Judge, Family Court, Bengaluru which came to be allowed by the order dated 19th day of March 2024. Against the said judgment the present appeal is filed by the Appellant/wife.

3. Both the parties state that as their marriage has remained unconsummated on account of incompatibility, lack of understanding they have been living separately as aforementioned and their marriage has been irretrievably broken down and hence they are unable to continue to live as husband and wife.

4. Accordingly both the parties have decided to get the marriage dissolved by confirming the judgment of the family court, whereby the marriage was dissolved. Further the parties agree that the dissolution of marriage shall be without dwelling upon the allegation of the cruelty made in the petition.

5. The Respondent/Husband has agreed to pay a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) to the Appellant/Wife towards marriage and other incidental expenses that was incurred by her parents. The Appellant/wife accepts the said sum as full and final settlement of all her claims against the Respondent/Husband. The Respondent has agreed to pay the same before the Hon'ble Court at the time of recording settlement by way of demand draft.

6. Both the parties state that they have no claims of maintenance/permanent alimony against each other either in past, present or in future as both of them are capable of maintaining themselves.

7. Both the parties herein agreed that they will exchange their gold ornaments given to each one of them at the time of marriage before recording settlement before this Hon'ble Court.

8. Both the parties herein state that they have no claims over movable or immovable properties belonging to each other either existing or to be acquired or inherited at a later stage.

9. Both the parties state that they have no claims of any nature whatsoever against each other in respect of the properties held by them and t