Narun Srinivas vs G. Nandini

N.K. Patil, J—This appeal is by the husband being aggrieved by the impugned judgment and decree dated 30th April 2015, passed in M.C No. 56/2014 on the file of the Principal Judge, Family Court, Chikmagalur, wherein the appellant-husband had filed a petition under Section 13(1)(i-a) of the Hindu Marriage Act, seeking a decree of divorce on the ground of cruelty. The petition filed by the appellant-husband was dismissed. Being dissatisfied with the said judgment and decree passed by the Principal Judge, Family Court, Chikmagalur, the appellant has presented this appeal.

Learned Counsel appearing for the appellant and the learned Counsel appearing for the respondent both have filed a compromise petition dated 13.08.2015. The same is taken on record. Appellant and respondent are both present before the Court. Their presence is placed on record.

We have heard the learned Counsel appearing for the appellant and learned Counsel appearing for the respondent.

Both the learned Counsel appearing for the appellant and the respondent at the outset submit that the terms and conditions of the compromise petition dated 13.8.2015 filed in the instant appeal may be taken on record and a decree of divorce may be granted dissolving the marriage solemnized between the appellant and respondent on 17.08.2011 at Gayathri Kalyana Mantapa, Kempanahali Main Road, near KEB, Chikkamagaluru, in the interest of justice and equity. The compromise petition is placed on record and the terms and conditions of the compromise petition dated 13.8.2015 read thus:

"COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE 1908 READ WITH SECTION 10 FAMILY COURTS ACT 1984:

The Appellant and Respondent above named beg to submit as follows:

It is submitted that the Appellant and the Respondent are husband and wife respectively, their marriage having been solemnized on 17-08-2011 as per Hindu Rites & Customs at Gayathri Kalyana Mantapa, Kempanahalli Main Road, Near KEB, Chikmagalur. The marriage between the Appellant and Respondent though consummated, they have no children.

It is submitted that after the marriage, due to irreconcilable differences, misunderstandings and incompatibility between the Petitioner and the Respondent, they have started living apart from each other with effect from February 2013 at their respective addresses mentioned in the cause title above.

It is submitted that the irreconcilable differences, misunderstandings and incompatibility between the Petitioner and the Respondent has culminated in the following:

a) The Appellant filing complaint on 10-09-2011 with Hulimavu Police Station Authorities against the Respondent;

b) The Appellant on 27-05-2013 filing a petition for divorce in M.C. No. 2031/2013 on the file of the V Additional Principal Judge, Family Court Bangalore under Section 13(i-a) of the Hindu Marriage Act, 1955 (which case later transferred to the Family Court at Chikkamagalur and re-numbered as MC No. 56/2014 pursuant to the order dated: 21-01-2014 in CP No. 156/2013 by the Hon''ble High Court of Karnataka);

c) The Respondent on 20-06-2013 filing complaint with Hulimavu Police Station against the Appellant alleging dowry harassment which is registered as Criminal Case in CC No. 7889/2014 on the file of the V Additional Chief Metropolitan Magistrate at Bangalore.

d) The Respondent on 04-07-2013 filing a petition under The Protection of Women from Domestic Violence Act, 2005 against the Appellant in the Court of Principal Civil Judge and JMFC at Chikkamagalur;

e) The Appellant filing Criminal Petition No. 292/2014 on the file of the High Court of Karnataka against the Respondent for quashing the proceedings in CC No. 7889/2014 on the file of the V Additional Chief Metropolitan Magistrate at Bangalore, pursuant to complaint dated: 20-06-2013 filed by the Respondent;

f) The Appellant filing the above appeal in MFA No. 4857/2015 (MC) challenging the Judgment and Decree dated: 30-04-2015 in MC No. 56/2014 passed by the Principal Judge Family Court, Chikkamagalur.

It is submitted that the cases/proceedings in Criminal Misc. Petition No. 526/2013, C.C. No. 7889/2014, Criminal Petition No. 292/2014 and MFA No. 4857/2015 (MC) are pending adjudication and disposal in the respective courts.

It is submitted that in the cases/proceedings mentioned at Sl. No. (a) to (d) to para - 3 above several rounds of mediation have been held between the Appellant and Respondent both in courts/mediation centre/police authorities. Likewise, outside courts/mediation centre/police authorities also several rounds of mediation have been held between the Appellant and Respondent in the presence of elders of the family, relatives and well-wishers. However, due to serious irreconcilable differences, misunderstandings and incompatibility between the Petitioner and the Respondent the said mediations has not fructified in savings the marriage and the Appellant and the Respondent cohabiting as Husband and Wife. Therefore, it is submitted that the marriage between the Appellant and Respondent is irretrievably broken there being no unity of mind and soul between the Appellant and the Respondent culminating in a factual position of they being unable to live together as husband and wife to lead a happy married life.

It is submitted that thus being the factual position, in order to save themselves from ruinous litigations and to further and lead their respective life peacefully, the Appellant and the Respondent have held mutual discussions, negotiations in the presences of elders of the family, relatives and well-wishers and both the parties have mutually arrived at a consensus and to resolve/settle the aforementioned litigations between them fully and finally once for all on the following mutually agreed terms:

a) The Appellant and the Respondent hereby mutually agree and consent that the marriage between them solemnized on 17-08-2011 at Gayathri Kalyana Mantapa, Kempanahalli Main Road, Near KEB, Chikmagalur be dissolved by a Judgment and Decree of divorce being granted by the Hon''ble High Court of Karnataka in MFA No. 4857/2015 (MC) by appropriately modifying the Judgment and Decree dated: 30-04-2015 in M.C. No. 56/2014 passed by the Principal Judge Family Court at Chikkamagalur.

b) The Appellant herewith paid a sum of Rs. 8,50,000/- (Rupees Eight Lakhs Fifty Thousand only) through Demand Draft bearing No. 003669 dated: 12-08-2015 drawn on ICICI Bank Ltd., Kothanur Branch, Bangalore payable at Chikkamagalur, in favour of the Respondent towards full and final settlement of all the claims made by the Respondent and the Respondent hereby acknowledges the receipt of the said amount of Rs. 8,50,000/- (Rupees Eight Lakhs Fifty Thousand only) as full and final settlement of all her claims past, present and future claims against the Appellant.

c) Both the Appellant and the Respondent hereby declare and confirm that with effect from the date of this compromise petition, they have no claims of whatsoever nature against the other.

d) Both the Appellant and the Respondent hereby declare and confirm that they have taken custody of and possession of all the articles, dresses etc., belonging to them and effect from the date of this compromise petition, they have no claims of whatsoever nature against the other towards the same or under any other head/title.

e) The Respondent shall endeavor, co-operate and join the Appellant in taking all requisite, necessary steps and measures to report the full and final settlement arrived by and between them to Hon''ble High Court of Karnataka in Criminal Petition No. 292/2014 to get the said Criminal Petition allowed by the Hon''ble High Court of Karnataka by quashing the proceedings in CC No. 7889/2014 on the file of the V Additional Chief Metropolitan Magistrate at Bangalore.

f) The Respondent shall endeavor, co-operate and join the Appellant in taking all requisite, necessary steps and measures to report the full and final settlement arrived by and between them to the Hon''ble Principal Civil Judge and JMFC at Chikkabagalur in Criminal Misc. Petition No. 526/2013 and to withdraw the said case filed by her against the Appellant.

g) The Respondent shall endeavor, co-operate and join the Appellant in taking all requisite, necessary steps and measures to report the full and final settlement arrived by and between them to the Hon''ble V Additional Chief Metropolitan Magistrate at Bangalore in C.C. No. 7889/2014 and to ensure that no adverse orders are passed against the Appellant and others concerned in the said proceedings."

Both the Appellant and the Respondent hereby confirm and declare that they have entered into this Compromise Petition on their own volition, free will having fully comprehended and understood the terms of compromise aforementioned and that there has been no coercion, misrepresentation or undue influence from any quarters/persons on them.

Both the Appellant and the Respondent hereby pray that the Hon''ble Court be pleased to accept and take on record this Compromise Petition and be pleased to pass a Judgment and Decree in terms of this Compromise and grant a decree of divorce dissolving the marriage between them solemnized on 17-08-2011 at Gayathri Kalyana Mantapa, Kempanahalli Main Road, Near KEB, Chikmagalur, in the interest of justice and equity."

In the light of the compromise petition dated 13.08.2015, the judgment & decree dated 30.4.2015, passed in M.C. No. 56/2014, on the file of the Principal Judge, Family Court, Chikmagalur, is hereby set aside. The marriage solemnized between appellant and respondent on 17.8.2011 at Gayathri Kalyana Mantapa, Kempanahalli Main Road, near KEB, Chikkamagaluru, is hereby dissolved, in the interest of justice and equity. Ordered accordingly.

The appeal stands disposed of.