Major Sandeep R. vs Smt. S. Shwetha

N.K. Patil, J.—This appeal by the appellant-husband is directed against the impugned judgment and decree dated 30/11/2010 passed in M.C. No. 280/2008, by the Judge, Family Court, Mysore. The respondent is present before the Court and her presence is placed on record. When this Court specifically asked whether she is aware of the terms and conditions of the application dated 9th July 2013, filed u/s 13-B of Hindu Marriage Act, she fairly submitted that she knows the same and she has discussed with her father and her counsel and she has signed the application without any fear and that this appeal may be disposed off, in terms of the application filed u/s 13-B of the Hindu Marriage Act.

We have heard learned counsel for both the parties.

Learned counsel appearing for both the parties submitted that, this appeal may be disposed of in terms of the application filed u/s 13-B of Hindu Marriage Act dated 9.7.2013 which is duly signed by both the parties and attested by them. The terms of the application reads as under:-

Application u/s 13-B of Hindu Marriage Act

The appellant and respondent named above submits as under:

The appellant and respondent have mutually consented for dissolution of marriage solemnized on 14.09.2005 by a decree of divorce.

The allegations made against each other are hereby withdrawn unconditionally.

The appellant has agreed to pay a sum of Rs. 17,00,000/- (Rupees Seventeen Lakhs Only) to the respondent as follows:-

a. A sum of Rs. 4,00,000/- (Rupees Four Lakhs Only) through demand draft on 09.07.2013 bearing No. 599322.

b. The remaining amount of Rs. 13,00,000/- (Thirteen Lakhs Only) will be paid in three equal installments of two months each by way of demand draft. However if the appellant is unable to pay the third installment to the respondent on or before 09.01.2014, he will be entitled to approach this Hon''ble Court with an application for extension of time. If this Hon''ble Court is satisfied with the.

c. bonafide of such application, it may grant extension of time to the appellant from 09.01.2014 for a period of six months.

d. The respondent snail be entitled to recover the balance if any, out of the aforesaid Rs. 17,00,000/- as & when it becomes due, as stated above.

The decree of divorce shall come into effect on and from the date of payment of entire amount of Rs. 17,00,000/- (Rupees Seventeen Lakhs Only).

The respondent will not be entitled to any emoluments that might arise through the services of the appellant from 09.07.2013. However, she will be entitled to recover balance, if any, out of the aforesaid Rs. 17,00,000/- out of the said emoluments.

The appellant is however, not liable to pay any arrears of maintenance.

Placing the submissions made by learned counsel for both the parties, and the terms and conditions of the application filed u/s 13-B of Hindu Marriage Act, as stated supra on record, the instant appeal is disposed of, in terms of the said application.

The impugned judgment and decree dated 30th November 2010 passed in M.C. No. 280/2008 by the Judge, Family Court, Mysore, is hereby set aside.

The marriage solemnized between the appellant and respondent on 14.9.2005 is dissolved with mutual consent by granting a decree of divorce.

If the terms and conditions of the application/compromise petition as referred above are not complied with, within six months i.e. on or before 9.1.2014, liberty is reserved to the respondent to file necessary application for revival of this judgment.

The earnest efforts made by learned counsel appearing for the appellant and learned counsel appearing for the respondent, to explore the amicable settlement between the parties are placed on record.

If in case, learned counsel appearing for both the parties file applications for certified copy of this judgment, the Registry is directed to supply the same immediately.

Ordered accordingly.