B G BALASUBRAMANYA v. NETHRA G

(BY SMT. P C SUNITHA -ADVOCATE) …RESPONDENT - 2 - NC: 2024:KHC:52792-DB MFA No. 4301 of 2020 THIS MFA FILED U/S 19(1) OF FAMILY COURTS ACT PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED

30.11.2019 PASSED IN M.C.NO.108/2018 ON THE FILE OF PRL. JUDGE, FAMILY COURT, MYSURU DISMISSING THE PETITION FILED BY THE APPELLANT FOR DECREE OF DIVORCE DISSOLVING THE MARRIAGE THAT TOOK PLACE BETWEEN THE PETITIONER AND RESPONDENT ON

15.06.2012 AT BANDANTHAMMA KALAMMA SAMUDAYA BHAVANA, NEW KANTHARAJA URS ROAD, MYSURU AND ALLOW THE APPEAL BY GRANTING THE DECREE OF DIVORCE DISSOLVING THE MARRIAGE WITH COST. THIS MFA, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is directed against the judgment and decree rendered by the Court below in M.C.No.108/2018 dated 30.11.2019 dismissing the petition filed by the appellant for decree of divorce. - 3 - NC: 2024:KHC:52792-DB MFA No. 4301 of 2020

2. The appellant/petitioner being the husband had filed a petition under Section 13(1)(ia)and (ib) and (iii) of the Hindu Marriage Act seeking divorce. Whereas the respondent being the wife had filed M.C.No.128/2018 under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights. Having heard both the petitions, the Court below dismissed M.C.No.108/2018 filed by the husband and allowed M.C.No.128/2018 filed by the wife. Hence, this appeal by the husband seeking intervention of this Court by urging various grounds.

3. Learned counsel Sri Anil Kumar S for the appellant and learned counsel Smt.P.C.Sunitha who has filed the vakalath for the respondent are present before the Court physically.

4. Whereas counsel for the parties have filed compromise petition under Section 19 (1) of the Family Courts Act r/w Order 23 Rule 3 of CPC. The same reads as under: - 4 - NC: 2024:KHC:52792-DB MFA No. 4301 of 2020

1. That the appellant/Petitioner is the husband of the Respondent / Respondent and the marriage of the appellant with the respondent took place on 15.06.2012 at Bandanthamma Kalamma Samudaya Bhavana, New Kantharaja Urs Road, Mysuru as per the Hindu customs and rituals, it was an arranged marriage. There are no children to them from the said wedlock.

2. After the marriage, the Respondent lived in the matrimonial home at Mysuru. But after sometime, differences arose between them which did not subside inspite of efforts taken by them, their elders, well wishers, Relatives and friends to save the marriage. Thus they were unable to live together as husband and wife owing to incompatibility, difference in temperament, attitude and life style. As such Appellant/husband filed MC 108/2018 seeking Dissolution of Marriage u/s 13(1)(ia)(ib) and (iii) of the Hindu Marriage Act 1955 on the grounds of Cruelty, Dessertion, unsoundness of mind of the respondent where as Respondent filed M.C.128/2018 u/s 9 of Hindu Marriage Act for Restitution of conjugal rights. Both the cases were clubbed and after full fledged trial, the Learned Trial court Judge by common Judgment and Decree dated 30.11.2019 dismissed M.C.108/2018 filed by husband for Divorce and allowed M.C.128/2018 filed by Respondent/wife of Restitution of conjugal Rights. - 5 - NC: 2024:KHC:52792-DB MFA No. 4301 of 2020

3. Aggrieved by the said Order, Appellant herein filed the above appeal in MFA No.4301/2020 seeking to set aside the judgment and Decree of the Trial Court on

18.02.2020. In the said appeal notice was issued on

16.09.2021 and said Appeal was admitted on 15.03.2022.

4. It is submitted that during the pendency of the appeal before this Hon’ble Court, at the intervention of the elders, family friends and well wishers, the Appellant and Respondents have settled the disputes/litigation out of court on the following terms and conditions. NOW THIS COMPROMISE PETITION WITNESSETH AS FOLLOWS:- (i) Parties to the compromise agree they are unable to live together as husband and wife owing to incompatibility, difference in temperament, attitude and life style; the said difference are irreconcilable and on account of the same, the marriage between them has broken beyond repair. The efforts made by their parents, friends, well-wishers and relatives to unite them has failed as such both have mutually agreed that, in their own interest, including their respective physical and mental well being, their marriage took place on 15.06.2012 at Bandanthamma Kalamma Samudaya Bhavana, new Kantharaja Urs road, - 6 - NC: 2024:KHC:52792-DB MFA No. 4301 of 2020 Mysuru as per the Hindu customs and rituals be dissolved by a Decree of dissolution of Marriage. (ii) Parties further states they have no children born to them from the Wed lock. (iii) Parties to compromise further state Appellant/husband has agreed to pay a sum of Rs.12,00,000/- in lumpsum towards permanent alimony by way of DD in favour of Respondent vide DD No.131028 drawn on Karnataka Bank Ltd., Chamundipuram Branch, Mysuru dated 07.12.2024 and Respondent / wife has agreed to receive the said amount towards her full and final settlement. (iv) Petitioners further state apart from the above mentioned sum, there are no claims against each other of whatsoever nature at any time in future and they mutually agree that both of them are financially independent without demanding anything from each other. (v) There is no Coercion, fraud or undue influence in presenting this petition. Both the parties have voluntarily agreed to have their marriage dissolved by mutual consent. (vi) After understanding the contents of this compromise petition both the parties have put their signature. - 7 - NC: 2024:KHC:52792-DB MFA No. 4301 of 2020 Wherefore parties to the compromise petition, pray that this Hon’ble Court may be pleased to record this compromise and pass the judgment and decree in terms of this compromise petition.

5. The compromise petition is taken on record. Both the parties to the proceedings along with their counsel are present before the Court physically and they are appraised with the terms and conditions of the compromise. Respondent acknowledges receipt of DD amounting to Rs.12,00,000/- in the presence of the respective counsel for the parties.

6. Keeping in view the submission made by the learned counsel for the parties and also recording the compromise arrived between the parties, we proceed to pass the following: ORDER The appeal is hereby disposed of in terms of the compromise petition. Consequently, the judgment and decree rendered by the Prl.Judge, Family Court at Mysuru - 8 - NC: 2024:KHC:52792-DB MFA No. 4301 of 2020 in M.C.No.108/2018 clubbed with M.C.No.128/2018 dated

30.11.2019 is hereby set-aside. Office to draw the decree accordingly. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (RAJESH RAI K) JUDGE DKB