The High Court
Case Details
- 1 - NC: 2025:KHC:17670-DB MFA No.6509/2021 C/W MFA No.6528/2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE M.G.S. KAMAL MISCELLANEOUS FIRST APPEAL No.6509/2021 (GW) C/W MISCELLANEOUS FIRST APPEAL NO. 6528/2021 (FC) BETWEEN:
Legal Reasoning
SMT.MAHESHWARI W/O. MOHAN KUMAR Y S D/O. C MAHADEVA AGED ABOUT 30 YEARS R/AT MAKANAHALLI VILLAGE BANNURU HOBLI, T. NARASIPURA TALUK MYSURU DISTRICT (BY SRI KUMARA SWAMY M, ADVOCATE FOR SRI J.ARAVIND BABU, ADVOCATE) AND: Digitally signed by ROOPA R U Location: High Court of Karnataka SRI MOHAN KUMAR Y S S/O. Y V SANNAPPA AGED ABOUT 41 YEARS R/AT KRISHNA TEMPLE ROAD NEAR GOVERNMENT HIGH SCHOOL YARAGANAHALLI, MYSURU (BY SRI N KUMAR, ADVOCATE) …APPELLANT (COMMON) …RESPONDENT (COMMON) M.F.A.NO.6509/2021 IS FILED UNDER SECTION 47(A) OF GUARDIAN AND WARDS ACT, 1890 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 23.01.2021 PASSED IN G AND WC NO.26/2019 ON THE FILE OF THE C/C PRINCIPAL FAMILY JUDGE, MYSURU. M.F.A.NO.6528/2021 IS FILED U/S 19(1) OF FAMILY COURTS ACT, 1984 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 23.01.2021 PASSED IN M.C.NO.176/2019 ON THE FILE OF THE C/C PRL. FAMILY JUDGE, MYSURU, ALLOWING THE PETITION - 2 - NC: 2025:KHC:17670-DB MFA No.6509/2021 C/W MFA No.6528/2021 FILED UNDER SECTION 13(1)(ia)(ib) OF THE HINDU MARRIAGE ACT, 1955. THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL AND HON'BLE MR JUSTICE M.G.S. KAMAL ORAL JUDGMENT (PER: HON'BLE MR JUSTICE M.G.S.KAMAL) The present appeals are by the appellant- Smt.Maheshwari who was the respondent in M.C.No.176/2019 and the petitioner in G & WC No.26/2019 on the file of Principal Family Judge, Mysuru. 2. By a common judgment and order dated 23.01.2021, the petition in M.C.No.176/2019 filed by her husband-Sri.Mohan Kumar Y.S., has been allowed dissolving their marriage that was solemnized on 11.02.2006, while the petition in G & WC No.26/19 filed by the appellant- Smt.Maheshwari under Sections 7, 9 and 25 of the Guardians and Wards Act, 1890 has been allowed in part and her prayer for the custody of the child has been rejected. Against the said common judgment and order, the present appeals are filed by said appellant-Smt. Maheshwari. - 3 - NC: 2025:KHC:17670-DB MFA No.6509/2021 C/W MFA No.6528/2021 3. At the request of the parties, the matter was referred to the mediation. In the mediation, the parties have arrived at an amicable resolution of their dispute and a memorandum of agreement that has been drawn in this regard has been warded to this Court vide communication dated 03.03.2025 in Form No.4. The terms of the said memorandum of agreement read as under: “MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. I. The appellant has filed this Miscellaneous First Appeal No.6509/2021 filed under section 47(a) Guardians and Wards Act against the Judgment and Decree Dated: 23.01.2021 passed in G & WC.26/2019, on the file of C/C/ Principal Family Judge, Mysuru. And Miscellaneous First Appeal No.6528/2021 filed under section 19(1) Family Courts Act against the Judgment and Decree Dated: in M.C.176/2019, on the file of C/C/ Principal Family Judge, Mysuru. 23.01.2021 passed II. The said case was referred to the mediation as per the order of the Hon'ble High Court of Karnataka, Bengaluru. During the mediation the parties have resolved the disputes and have come to the terms and conditions as follows: 1. The appellant and respondent state that their marriage was solemnized on 11.05.2006 at the house of the appellant at Makanahalli Village, Bannur Hobli, T. Narasipur Taluk, Mysuru District as per Hindu rites and customs. 2. Due to incompatibility, misunderstanding and differences in opinion they were living separately from the year 2013. 3. Both parties state that they have son by name Arjun Gowda Y.M., aged about 14 years, who was in the care and custody of the respondent/father and he is - 4 - NC: 2025:KHC:17670-DB MFA No.6509/2021 C/W MFA No.6528/2021 now studying in Swamy Vivekananda boarding school, Bannur. 4. The respondent has agreed to pay a sum of Rs.6,50,000/- (Rupees Six Lakhs Fifty Thousand Only) to the appellant in full and final settlement of all her claims towards maintenance /permanent alimony. The respondent has today handed over a Demand Draft of Rs.1,50,000/-(Rupees One Lakhs Fifty Thousand Only) as part payment drawn in favour of the Appellant on Karnataka Bank Limited, Siddarth Nagar, Mysuru bearing No.155367, Dated: 27.02.2025. The respondent has agreed to pay the balance amount of Rs.5,00,000/- (Rupees Five Lakhs Only) before the Hon'ble High Court of Karnataka at the time of reporting settlement by way of Demand Draft drawn in favour of the appellant. The respondent has agreed to take care entire expenses the education, medical and other upbringing of the minor son Arjun Gowda till the completion of the his education. 5. The respondent has no objection the appellant/mother to visit the minor son at his boarding school once in a month on a Sunday between 6.00 a.m. to 6.00 p.m. with prior intimation to the respondent/school without causing inconvenience to the academic activities of the minor son. for 6. Both the appellant and the respondent state that they have already exchanged all the valuable articles between them. 7. Both parties agreed that they have no claims over the movable or immovable properties belonging to each other either existing or to be acquired in future. 8. Both the parties state that they unconditionally withdraw all the allegations made against each other either orally or expressly. 9. In view of the above settlement, the appellant agreed to withdraw the Crl.Misc.101/2021 filed by her under the DV ACT, pending on the file of V Additional Civil Judge and JMFC, Mysuru and the M.C.No.40/2018, for restitution of the conjugal rights pending on the file of Civil judge Senior Division, T. Narasipura, Mysuru. - 5 - NC: 2025:KHC:17670-DB MFA No.6509/2021 C/W MFA No.6528/2021 10. Both the parties agree that they have no other claim of whatsoever manner against each other either past, present or future. 11. Both the parties herein state that there is no undue influence, force, or coercion in entering into this agreement from any one or anything. 12. Both the parties admit that they shall not interfere in each other's lives in future for any reason of whatsoever from this day onwards for rest of their life. III. In view of the aforesaid agreement entered into between the parties, both the parties humbly pray that this Hon'ble Court be pleased to pass orders in these MFAS by granting a decree of divorce, in terms of this settlement agreement. IV. Parties will appear on before the Hon'ble High Court of Karnataka for reporting settlement and requesting the Hon'ble High Court of Karnataka for passing appropriate orders/decree, in terms of the above said agreement.” 4. Today appellant-Smt.Maheshwari and respondent- Sri Mohan Kumar Y.S. are present. Appellant-Smt.Maheshwari is accompanied by her mother and Respondent-Sri Mohan Kumar Y.S., is accompanied by his nephew. Parties are also duly represented and identified by their respective Counsel. This Court personally enquired with both the parties about the terms of settlement. They have confirmed the terms of settlement. They have understood the terms of settlement and the consequences of the same. 5. Respondent-Sri Mohan Kumar Y.S., has agreed to pay Rs.6,50,000/- towards full and final settlement out of which - 6 - NC: 2025:KHC:17670-DB MFA No.6509/2021 C/W MFA No.6528/2021 a sum of Rs.1,50,000/- already stated to have been paidappellant by way of demand draft dated 27.02.2025 drawn on Karnataka Bank Limited, Siddarth Nagar, Mysuru, receipt of which is acknowledged by appellant-Smt.Maheshwari. Today, another Demand Draft for Rs.5,00,000/- drawn on Karnataka Gramin Bank, Yeraganahally dated 25.04.2025 is handed over to appellant-Smt.Maheshwari. 6. On perusal of the terms of settlement and on personal enquiry, this Court is satisfied that the terms are in accordance with law and nothing contrary to the provision of law. In that view of the matter, memorandum of agreement is
Decision
taken on record. The appeals are disposed of in accordance with the terms of settlement. In view of disposal of the appeals, pending IAs do not survive for consideration and disposed of accordingly. Draw decree accordingly. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (M.G.S.KAMAL) JUDGE KSR List No.: 1 Sl No.: 4