Ramakrishna. M.N. vs Sujatha. H.J.

Alok Aradhe, J

This appeal is filed against the judgment dated 27.04.2018, by which the petition filed by the appellant under Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955, seeking dissolution of marriage has been dismissed.

Learned Counsel for the parties have filed a compromise petition stating that the dispute between the parties have been amicably resolved. The terms and conditions of the amicable settlement arrived at reads as under:

(a) The respondent has agreed to give consent for decree of divorce from the petitioner with mutual consent under Section 13B of the Hindu Marriage Act, 1955, by dissolving the marriage dated 08.10.1986 among the parties herein, which was registered before the Registrar of Marriages, Mysore City, on 09.10.1986.

(b) The respondent has agreed to receive her one time permanent alimony of a sum of Rs.42,00,000/- (Rupees Forty Two Lakhs only) towards her full and final settlement for the entire life time. For which the petitioner has agreed and has handed over a DD bearing No.580142 dated 07.04.2022, for a sum of Rs.42,00,000/- (Rupees Forty Two Lakhs only) in favour of the respondent herein drawn on State Bank of India, Aravinda Nagar Branch, Mysore, payable at Mysore. The respondent acknowledges the receipt of her permanent alimony from the petitioner without there being any objections whatsoever to the grant of a decree of divorce with mutual consent under Section 13B of the Hindu Marriage Act, 1955.

(c) The respondent has agreed and undertaken that she will not put forth any claim against the petitioner either past, present or future under any head and this will be the full and final settlement between the parties herein. Further, the petitioner and the respondent do not claim any rights against each other in respect of movable or immovable belongings of the parties herein and further agree that the movable or immovable properties which are standing in their names will remain their own and they can dispose on their own. Either party can have no right to claim against the other.

(d) Further, both the parties have hereby agreed to withdraw all the allegations/petitions against each other written to the Govt./agencies, in the past, present and future. And also, both the parties hereby agree not to make use of information, if any, about each other, to the loss/harm of each other.

(e) The parties have exchanged their movable and immovable things and there are no more things to exchange between them.

(f) And both the parties have agreed to relinquish all their rights whatsoever upon each other as husband and wife.

That in pursuance of the compromise petition, learned Counsel for the appellant has handed over a demand draft for a sum of Rs.42,00,000/- to the respondent, the receipt of which is acknowledged by the respondent.

The parties who are present before the Court have stated that they have entered into the compromise on their own free will and no threat and coercion has been exercised.

In view of the compromise arrived at between the parties, the judgment and decree dated 27.04.2018 passed in M.C.No.414/2015 is set aside. The marriage between the parties is dissolved by a decree of divorce and the appeal is disposed of in terms of the compromise arrived at between the parties.