The present appeal is preferred by the wife assailing the

judgment and decree dated 18.08.2014 in MC No.8/2012 on

the file of the learned Principal Senior Civil Judge & CJM,

Haveri, whereby the petition filed by the husband and under

Section 9 of the Hindu Marriage Act, 1955 (for short, ‘Act’)

has been allowed.

2.

During the pendency of the appeal, the matter

was referred to the Mediation Centre, High Court of

Karnataka, Dharwad Bench. It appears that though the

parties were willing to settle the issue but could not arrive at

consensus settlement and matter was referred back to this

Court.

3.

After hearing the matter for sometime at the

request of learned counsel for the parties, the matter was

adjourned to explore the possibility of amicable settlement.

Subsequently, the dispute came to be settled with the

intervention of well-wishers and the counsel for both the

parties.

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4.

Though the present appeal is directed against the

granting of restitution of conjugal rights, the parties have

filed memorandum of petition under Section 13B(1) of the

Act seeking for divorce by mutual consent and the same is

accepted in view of the pendency of the dispute since 2012

and to resolve the dispute between the parties and the

petition filed under Section 13B(1) of the Act be treated as

petition filed under Section 23 of the Act.

5.

The terms of the said memorandum of petition

are as under:

ii)

Due

to

irreconcilable

differences

and

Incompatibility of temperaments, the petitioners

have been living separately from 14-12-2011 i.e.

more than ten years. The efforts made by elders,

friends and well wishers to resolve the differences

between the Petitioners herein did not yield any

fruits. There are absolutely no chances of reunion

amongst them. Hence, the Petitioners have

decided to get the marriage between them be

dissolved by a decree of divorce mutually.

iii)

The Petitioner No:1 i.e. Smt. Roopa @ Kashibai

has agreed/consented to receive a sum of

Rs.5,50,000/

(Rupees

Five Lakhs

and Fifty

thousand) towards permanent alimony for full and

final settlement in lieu of maintenance in the

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case. The Petitioner No:2 has paid the said

amount of Rs.5,50,000/- by way of Demand Draft

bearing No:155358, dated:13-04-2022, drawn on

Canara Bank, Shiggaon. The Petitioner No:1

further agreed that, here afterwards she will not

claim any maintenance, any share or right over

the Immovable properties either in the self

acquired

or

ancestral

properties,

in

salary,

pension amount, amount in S.B.A/C, Retirement

benefits like DCRG, FBF, Gratuity, compassionate

appointment & further agreed that, no case would

be filed by her in future claiming any amount or

share in the above said benefits.

iv)

The 1^st Petitioner has also agreed that, she is the

guardian for minor child-Nagarathana and she will

take care of and look after minor daughter and

the said daughter would be in her custody and

she has agreed before this court that, she will not

claim any amount in future on behalf of her minor

daughter

towards

maintenance,

educational

expenses, marriage expenses, any share in the

property or right over the Immovable properties

either in the self acquired or ancestral properties,

in salary, pension amount, amount In S.B.A/C,

Retirement benefits like DCRG, FBF, Gratuity,

compassionate appointment & further agreed

that, no case would be filed by her or by her

daughter in future claiming any amount from the

Petitioner No:1. The 2nd Petitioner has agreed to

pay a sum of Rs.5,50,000/- (Rupees Five Lakhs &

fifty thousand only) towards permanent alimony

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for her daughter as full and final settlement in lieu

of her maintenance and the said amount would be

kept in F.D. in minor daughter's name I.e.

Kumari. Nagarathna Gurusangappa Uniki, for a

period of Ten Years. Today the 2nd Petitioner has

handed over the F.D. receipt bearing No: 561642,

Dated:13-04-2022,

kept

in

Canara

Bank,

Shiggaon, for Rs.5,50,000/- to the 1st Petitioner

in the open court. The Minor daughter Kuma