Smt. Kavitha H.N. vs Sri. Rajiv Ramanjani

S. Abdul Nazeer, J.—This writ petition is directed against an order dated 10.7.2012 in G & WC No. 229/2011 on the file of the 6th Additional Principal Judge, Family-Court, Bangalore. The petitioner and the respondent are present before the Court and are identified by their learned Advocates. Learned Counsel for the parties submit that the matter has been settled between the parties. They have filed a joint memo which is as under:

The petitioner and the respondent respectfully submit as follows:

The petitioner and the respondent got married on 7.6.2004 as per the Hindu Rights and Customs at Shravathi Kalyana Mantapa, kanakapura Road, Bangalore. Their marriage was registered on 7th June 2004 as Number 233, Volume 93, Page 06, in the office of the Registrar of Marriages, Jayanagar Sub District, Bangalore city. Of the said wed lock, they have been blessed with a daughter on 29.12.2006, named Hreem and now aged 6 years 3 months.

Due to the differences that arose between them, the relationship got strained and from 26.1.2009 the petitioner has been staying separately from the respondent with their daughter at Bangalore and the respondent at Chennai. Further, the strained relationship resulted in filing the following litigations against each other:

(i) The respondent filed O.S. No. 170/2010 at Principal District Court, Chengalpet, Chennai for declaration to declare him as absolute owner of the residential flat bearing No. 314, 3rd Floor, Block Erianthe, TVH Park Villa, Vinayaka Nagar, Perungudi, Chennai, jointly owned by the petitioner and the respondent;

(ii) The respondent filed M.C. No. 1425/2010 for dissolution of the marriage solemnized on 7.6.2004, which is pending consideration on the file of II Addl. Principal Family Court, Bangalore;

(iii) The respondent filed G & WC No. 229/2011 seeking for custody of the minor child, that is pending consideration before the VI Additional principal Family Court;

(iv) The petitioner filed C Misc. No. 85/2012 against the respondent for domestic violence, that is pending on the file of the III Metropolitan Magistrate Traffic Court, Bangalore;

(v) The petitioner filed a complaint PCR No. 10409/2012 against the respondent for offences punishable u/s 506, 498A, 504 and 323 of IPC, that pending on the file of the III Additional CMM Court, Bangalore City.

(vi) The petitioner filed PCR No. 17114/2012 against the respondent for Cyber Crime, which is pending on the file of I Addl. CMM Court, Bangalore City;

(vii) The petitioner filed the above writ petition (W.P. No. 24659/2012) challenging an interim order passed in G & WC No. 229/2011.

Now due to the intervention and advice of their relatives, well wishers and friends, the petitioner and the respondent have settled the dispute between them amicably and mutually agreed for the following terms and conditions:

(a) Both the parties agree that the petitioner shall relinquish her 50% undivided share in the land and the Flat bearing No. 314 on the Third Floor, Block Erianthe, TVH Park Villa, Vinayaka Nagar, Perungudi, Chennai measuring to an extent of 1250 Sq. Ft. having a super built up area, together with undivided 744.87 sq. ft. in the total extent of 5 acre and 24.76 cents or thereabouts (2,27,826.255 sq. ft.) comprised in Sy. Nos. 95, 96/1, 96/2, 104/2 and 104/1 (part) Okkiam Thoraipakkam Village, Tambaram Taluk, (Presently. Sholinganallur Taluk) Kancheepuram District, by executing a Release Deed/Settlement Deed in favour of the respondent. The Release Deed/Settlement Deed shall be executed on 8.4.2013 at the jurisdictional Sub Registrar''s office, Chennai. The expenses towards the release deed/settlement deed shall be borne by the respondent. The petitioner shall not be held liable for any claim by City Financial Consumer Finance India Ltd. from where loan was raised for purchase of the said flat and that she is no way would be liable for any claim made by that bank or whomsoever in respect of the aforesaid property.

(b) Both the parties agree that the marriage solemnized on 7.6.2004 as per the Hindu Rights and Customs at Shravanthi Kalyana Mantapa, Kanakapura Road, Bangalore, shall be dissolved in M.C. NO 1425/2010 pending on the file of II Additional Principal Family Court, Bangalore, by filing this Joint Memo before the Hon''ble Family Judge and praying for passing of a judgment and decree to dissolve the marriage solemnized between them on 7.6.2004 as per the Hindu Right and Customs at Shravanthi Kalyana Mantapa, Kanakapura Road, Bangalore.

(c) The petitioner shall withdraw C. Misc. No. 85/2012 pending on the file of the III Metropolitan Magistrate Traffic Court, Bangalore, PCR NO. 10409/2012 pending on the file of III Additional CMM Court, Bangalore, PCR No 17114/2012 pending on the file of I Addl. CCM Court, Bangalore, pending on the file of VI Additional Principal Family Court, Bangalore.

(d) The respondent shall withdraw O.S. NO. 170/2010 pending on the file of Principal District Court, Chengalpet, Chennai, and G &WC No. 229/2011.

(e) Both the parties agree that the withdrawal of C Misc. No. 85/2012, PCR No. 10409/2012, PCR No. 17114/2012. by petitioner, withdrawal of G & WC No. 229/2011 by respondent and dissolution of marriage in MC No. 1425/2010 would all happened on the same day on or before 16/4/2013. The withdrawal of O.S. No. 170/2010 by the respondent shall happen on or before 27.4.2013.

(f) Both the parties agree that the sole and absolute custody of the minor female child, viz., Hreem shall be with the mother, viz., the petitioner herein and that the respondent shall have no claim/right whatsoever over the child Hreem either at present or in the future.

(g) The petitioner agree that she herself and as guardian of the minor child Hreem shall have no claim whatsoever over the movable and immovable properties owned by the respondent or may own in future. Both the parties agree that any goods belonging to them and are with the other shall be foregone due to the custody of the child being with the petitioner. Further, the petitioner agrees not to claim any maintenance, permanent alimony from the respondent for herself or for the child Hreem, only because the respondent will have no claim over the daughter ''Hreem'' at present or in future including claim for visiting rights.

(h) Both the parties submit that they are executing this agreement without any coercion and of their own free will and volition. In addition, they agree not to interfere in the lives of each other hereafter.

(i) Both the parties agree that if any of the parties default in fulfilling the obligations in this agreement, then this agreement shall stand cancelled and all prior withdrawal of petitions prior to that would also be cancelled and the petitions would be reinstated and the defaulting party would be liable for contempt.

WHEREFORE, the petitioner and the respondent respectfully prays that this Hon''ble Court may be pleased to dispose of the above writ petition in terms of this joint memo, in the interest of justice.

The joint memo is placed on record and the writ petition is disposed of accordingly. In view of disposal of the writ petition as above, I.A. No. 1/2013 does not survive for consideration. It is accordingly dismissed. No costs.