A.V. Suma vs M.R. Prasad

H.G. Ramesh, J.—Learned counsel on both sides submit that the parties have arrived at a settlement as per the memorandum of Compromise dated 27.01.2015. The appellant and the respondent are present in Court and are identified by their respective Counsel. On being asked by the Court, both the appellant and the respondent submitted that the terms of settlement have been explained to them by their respective Counsel and they are agreeable for the same. Learned counsel on both sides submit that the appeal may be disposed of in terms of the compromise. The memorandum of compromise reads as follows:

"1. The appellant and the respondent are Hindus. Their marriage was performed on 18-12-1996 at Hassan as per Hindu rites and customs. After the marriage they stayed at Nanded, Maharashtra State.

Both the parties submit that they have one female child born out of their wedlock by name Kum. Sindhu, aged about 16 years, born on 15-08-1998.

After the marriage, the appellant and the respondent lived in Nanded and led marital life till 2002. There was difference of opinion between the appellant and the respondent led to misunderstanding, incompatibility, they could not live together. Ultimately, the appellant left the matrimonial house in the June 2002 and went to her native place and stayed with her parent''s house.

During the period of separation, the elders and well wishers of the parties tried to patch up the matter and made all sorts of effort to reunion the appellant and the respondent, but it went in vain. Even during the course of mediation, despite best efforts, both the appellant and the respondent have not been able to eschew their difference and reconcile. Both the appellant and respondent state that it is impossible for them to rejoin and to lead a happy marital life at this stage and their marriage is irretrievably broken down. Thereafter, the respondent filed M.C. 21/2005 New No. M.C. 5/2013 and the decree was passed by Family Court, Hassan in the said case on 18-11-2013. Again, the appellant filed the present M.F.A for setting aside the order passed by Family court at Hassan, both parties have resolved their dispute and decided to dissolve their marriage and agreed for certain terms and conditions as follows;

The respondent has agreed to pay a sum of Rs. 20,00,000/- (Twenty Lakhs) to the appellant for herself and her minor daughter as full and final settlement towards all previous, present and future claims, entitlements. The appellant has agreed for the said sum towards all entitlements of herself and daughter.

Out of Rs. 20,00,000/- the appellant shall be entitled to Rs. 12,50,000/- (Twelve lakhs Fifty Thousand) and the minor daughter Kum. Sindhu shall be entitled to Rs. 7,50,000/- (Seven Lakhs Fifty thousand) towards fill and final settlement of their claims.

A sum of Rs. 7,50,000/- towards entitlement of minor daughter Kum. Sindhu shall be kept in her name as Fixed Deposit till she attains majority in State Bank of Mysore, Hassan Branch in Account No. 64165056493 standing in the name of M.P. Sindhu and A.V. Suma. During the tenure of FD, the appellant shall only be entitled to withdraw interest accruing thereon as and when necessary and will not be entitled to withdraw the Principal Amount till her daughter attains majority.

Pursuant to the judgment and decree in M.C. No. 5/2013, the respondent has already deposited a sum of Rs. 3,50,000/- (Three Lakhs fifty thousand) in Family Court, Hassan vide JDR No. 2/2013-14 dated 17-01-2014. The appellant shall and responsible to withdraw the said sum of Rs. 3,50,000/- lying in the court deposit and shall be responsible to Fixed Deposit as stated in the earlier paragraph and the remaining sum of Rs. 4,00,000/- (Four lakhs) to be kept in FD will be paid through Cheque bearing No. 011565 dated 21-01-2015 drawn on Axis Bank, Nanded Branch, Maharashtra in favour of M.P. Sindhu.

The respondent has agreed to pay a sum of Rs. 11,00,000/- (Eleven lakhs) through DD bearing No. 027313 dated 08-01-2015 drawn on Axis Bank, Hassan branch in favour of Appellant Smt. A.V. Suma and the appellant acknowledge the receipt of Rs. 11,00,000/- towards Permanent Alimony out of 12,50,000/- and the remaining amount of Rs. 1,50,000/- (One lakh Fifty thousand) will be paid through a Cheque bearing No. 011566 dated 02-02-2015 drawn on Axis Bank, Nanded Branch, Maharashtra , in favour of Smt. A.V. Suma and the appellant has agreed for the same and acknowledges the receipt of the said post dated cheque for Rs. 1,50,000/- towards Permanent Alimony. The acknowledgement of above DD and cheque will be complied on handing over of the same before this Hon''ble High Court at the time of settlement.

The appellant has agreed regarding the custody of the child. Presently the sole custody is with the appellant/mother and same will be continued with the appellant in future and the appellant is the sole guardian to the minor child. The appellant has accepted and agreed and has no objection for the same. The appellant shall be responsible for the welfare of the child and she shall take entire future responsibilities in respect of education, medical, marriage expenses of minor daughter.

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Both the appellant and respondent state that apart from the above, they have no other claims of whatsoever nature either past, present or future against each other, including movable or immovable properties belonging to each other either existing or to be acquired at future stage.

Both the appellant and the respondent hereby agreed and undertake that they will not interfere with the lives of each other in future in any manner whatsoever.

Both appellant and respondent have agreed to file this memorandum of Compromise and seek appropriate relief from the Hon''ble Court for dissolution of their marriage."

The appellant acknowledges receipt of a demand draft of Rupees Eleven Lakhs, a cheque for Rupees Four Lakhs and another cheque for Rupees One Lakh Fifty Thousand referred to in the memorandum of compromise. The aforesaid draft and cheques were delivered to her in Court by the respondent. Learned counsel on both sides submit that a sum of Rs. 3,50,000/- is lying in deposit with the Family Court, Hassan and the Family Court may be directed to pay the said amount through a crossed Cheque drawn in favour of the daughter of the parties namely M.P. Sindhu. Learned counsel appearing for the appellant, on instructions, submits that the appellant initially will keep the amount of Rs. 12,50,000/- in Fixed Deposit in her name for a period of one year in State Bank of Mysore, Hassan and she would keep the remaining amount of Rs. 7,50,000/- in Fixed Deposit in the name of her daughter namely M.P. Sindhu in State Bank of Mysore, Hassan, till the minor daughter attains majority. His submission is placed on record.

In view of the above, we make the following order:

"(i) the decree of divorce granted by the Family Court, Hassan, is confirmed subject to the terms of the compromise referred to above;

(ii) the submission made on behalf of the appellant that the appellant would keep Rs. 12,50,000/- in Fixed Deposit in her name for a period of one year in State Bank of Mysore, Hassan and Rs. 7,50,000/- in Fixed Deposit in State Bank of Mysore, Hassan, in the name of her minor daughter -M.P. Sindhu, till she attains the majority is placed on record. The appellant is entitled to draw periodical interest accruing on the aforesaid two deposits;

(iii) the Family Court, Hassan, is directed to pay Rs. 3,50,000/- lying in deposit with it to the minor daughter of the appellant namely M.P. Sindhu through a crossed cheque drawn in her favour to enable the appellant to deposit Rs. 7,50,000/- in the name of the minor daughter in State Bank of Mysore, Hassan."

The appeal stands disposed of in terms stated above.