Mrs. Sherin Mathew vs Mathew P.M. Thomas

N.K. Patil, J.—This appeal arises out of the judgment and decree dated 30th November, 2011, passed in M.C No. 2177/2005, by the IV Additional Principal Judge, Family Court, Bangalore, allowing the petition filed under section 10(1)(3) of Indian Divorce Act, for divorce.

We have heard the learned counsel appearing for appellant and learned counsel appearing for respondent. The appellant and respondent are present before (he Court and their presence is placed on record.

Learned counsel appearing for appellant and learned counsel appearing for respondent during the course of submission, submitted that the instant appeal may be disposed of as per the terms and conditions of the compromise petition dated 18th April, 2016 and the marriage solemnized between the appellant and the respondent on 26-01-1997 as per Christian rites and customs at Mar Elia Cathedral, Kottayam, may be dissolved by affirming the impugned judgment and decree passed by the Court below.

The submission of the learned counsel appearing for both the parties, as stated supra, is placed on record.

The Compromise Petition dated 18th April, 2016 filed under Section 89 of the Code of Civil Procedure duly signed by the appellant and respondent and attested by the learned counsel appearing for the respective parties is placed on record. The terms and conditions of the Compromise Petition read thus:

"The parties herein above beg to submit as follows:-

I. That the aforesaid appeal is filed against the judgment and decree dated 30th November, 2011 passed by the learned 4th Addl. Prl. Family Judge, Bangalore in M.C. 2177/2005 dissolving the marriage solemnized between the appellant and the respondent on 26.01.1997 as per Christian rites and customs at Mar Elia Cathedral, Kottayam.

II. The above case was referred to mediation for resolving the disputes between the parties.

In the course of mediation, the parties herein have resolved their disputes and have agreed to do the following acts and deeds according to the following terms and conditions.

That the respondent has no objection for the guardian of the appellant to be discharged and for the appellant to participate in the proceedings in her individual capacity.

In view of the amicable settlement between the parties, both parties withdraw all the allegations against each other.

In view of the above settlement the appellant and the respondent have agreed that the judgment and decree dated 30th November, 2011 be modified as a decree of divorce by mutual consent.

The appellant has instituted proceedings against the respondent under Section 125 of the Code of Criminal Procedure, 1973 in C.Misc. 143/2014 pending on the file of the Hon''ble 2nd Addl. Family Court, Bangalore.

The respondent has agreed to pay a sum of Rs. 23,00,000/- (Rupees Twenty Three Lakhs Only) to the appellant in full and final settlement of all claims by way Demand Drafts in the name of the appellant. The appellant has agreed for the same.

The respondent undertakes to make the payment of the said amount of Rs. 23,00,000/-(Rupees Twenty Three Lakhs Only) to the appellant at the time of appearance before the Hon''ble Court for reporting the settlement.

The parties state that they have a daughter by name Ms. Meghana Ann Mathew, who is 17 years old, presently under the care and custody of the respondent. The appellant has no objections for continuing the custody of her daughter with the respondent and both the parties have reached an understanding that the appellant is permitted to have visitation rights as per mutual convenience.

The respondent hereby permits the appellant to retain the gold articles presently in her possession. Further, the respondent has handed over the other gold articles to the appellant, which is hereby acknowledged by the appellant.

Apart from the above gold articles there are no movables or valuable articles of each other to the exchanged.

Upon receipt of the sum of Rs. 23,00,000/- (Rupees Twenty Three Lakhs Only), the appellant undertakes to withdraw C.Misc. 143/2014 pending on the file of the Hon''ble 2nd Addl. Family Court, Bangalore.

The appellant and the respondent have agreed that apart from the above agreed amount, they have no claims of any nature whatsoever against each other-past, present or future or in respect of the movable or immovable properties of each other, existing or to be acquired in the future.

III. In view of the aforesaid agreement entered into between the parties herein, the parties herein pray that this Hon''ble Court be pleased to modify the decree dated 30th November, 2011 passed by the learned 4th Addl. Prl. Family Judge, Bangalore in M.C. 2177/2005 dissolving the marriage solemnized between the appellant and the respondent on 26.01.1997 as per Christian rites and customs at Mar Elia Cathedral, Kottayam as a decree by mutual consent of the parties, in terms of the above settlement.

IV. Parties have agreed to appear before the Hon''ble High Court on 25th April, 2016 for reporting settlement."

As per the terms and conditions of the aforesaid compromise petition and also the submission of the learned counsel appearing for both the parties, the appeal filed by appellant is disposed of.

The impugned judgment and decree dated 30th November, 2011, passed in M.C. No. 2177/2005, by the IV Additional Principal Judge, Family Court, Bangalore, is hereby modified, as per the terms and conditions of the compromise petition dated 18/04/2016.

Parties to bear their own costs. Ordered accordingly.