M. Prema @ Premavathi vs Ravikumar T.G

Alok Aradhe, J

This appeal under Section 19(1) of the Family Courts Act, 1984 has been filed against judgment dated 20.06.2022 passed by the Family Court in M.C.No.1015/2016 by which the petition filed by the respondent / husband seeking dissolution of marriage has been allowed.

Parties along with their counsel are present.

Learned counsel for the parties submitted that the dispute between the parties has been settled amicably and they have invited the attention of this Court to the joint memo which has duly been signed by the parties as well as their counsel. The terms and conditions of compromise read as under:

"1. Both the parties are agreed to give consent for decree of divorce and decided to dissolve their marriage on 18.06.2007.

It is submitted that the Respondent paid a sum of Rs.5,00,000/- by way of D.D. & cash to the Appellant as follows:

a) A sum of Rs.3,00,000/- Demand Draft Vide D.D. bearing No.885705 dated 30.06.2023 drawn on State Bank of India, Brigade Metropolis Branch, Bengaluru to the appellant towards the permanent alimony.

b) A sum of 2,00,000/- by way of cash.

c) The Respondent/husband agreed to transfer the house property bearing No.15020010220010241, along with site bearing No. New No.253/253 (old 180), situated Tindlu Village Mugalar Gram Panchayata, Sarjapur Hobli, Anekal Taluk, Bangalore District, Consisting House to the appellant towards the permanent alimony within on month from the date of Judgment and Decree.

It is submitted that now the minor daughters are residing with the Respondent. The Respondent has agreed to give custody of the minor children to the Appellant. The respondent/husband has agreed to look after education, cloth, food and marriage, etc. of both the minor daughters.

The respondent agreed to execute release deed in respect of the aforesaid property in favour of appellant herein. The appellant under took that she will not alienate or create 3rd party interest in respect of aforesaid property. The said property shall be used by appellant till her life and thereafter they shall go to two daughters. That after executing release deed in favour of the appellant, the respondent will not claim any rights over the above said property in future.

The appellant has agreed to take care of her two daughters with her till performing their marriages. The respondent has agreed to provide education fee, food and clothing to his daughters. Both the parties have agreed that no restrictions to meet their daughters, except obtaining divorce by both the parties, both shall provide love and affection to their daughters.

That both the parties have agreed that no further claims whatsoever against each other from this day onwards and terms of the aforementioned deed are binding on them.

That both the parties have agreed and accepted this Joint memo with all satisfaction that they have no claim or further claim whatsoever against each other.

Both the parties are agreed to sign this Joint Memo, out of their own free will and consent without volition or any force or any coercion undue influence or misrepresentation against each other.

Both the parties hereby solemnly declare that this Joint Memo is lawful, equitable and voluntary one. The share given to them for equitable and for which they are agreeable and further they have no objection or any dissatisfaction towards same.

Both the parties have read over the contents of the Joint memo and explained the same to them in the language know to them. They understood the legal consequences of the Joint Memo and they agreed for the same over of their free will and self-volition.

The appellant undertakes that she will withdraw the M.C.No.619/2019 which is pending before the Hon'ble 6th Addl. Family court at Bangalore.

That the above Joint Memo is bonafide and not presented in collusion between the parties."

In view of the aforesaid amicable settlement of the dispute between the parties, the appeal is disposed of in terms of the compromise arrived at between the parties.

Consequently, the pending interlocutory application, if any, is also disposed of.