Smt. Uma @ Rajalakshmi vs Sri G. Manjunath

K.L. Manjunath, J.—There is a delay of 976 days in preferring this appeal Learned counsel for the respondent has no objection to condone the delay, since the parties have settled their disputes amicably. Accordingly, IA-I/2011 is allowed and the delay is condoned. Against the judgment and decree dated 18-9-2008 passed in MC No. 3 of 2007, on the file of Senior Civil Judge & JMFC, Kollegal, ordering for restitution of conjugal rights, the present appeal is filed by the wife, after the institution of a petition by the respondent-husband for grant of a decree of divorce before the Family Court, Bangalore in MC No. 3507 of 2010. The marriage between the parties was solemnized on 5-3-1999 at Bangalore. In the marriage, they have a daughter by name Parmitha, who is now aged about 12 years and is in the care and custody of the appellant-mother.

The parties have filed a compromise petition, which is signed by the appellant and the respondent. Parties are present before the court and admitted the execution of compromise petition. They have been identified by their respective advocates. As per the joint memo filed by the parties, in full and final settlement of the claim, the appellant and her minor daughter have agreed to receive a sum of Rs. 38.00 lakh from the respondent-husband within two and a half months from today in MC No. 3507 of 2010. Out of the said amount, the appellant has agreed to deposit a sum of Rs. 19.00 lakh in the name of her minor daughter in a nationalized bank till she attains the age of 21 years and the appellant is permitted to withdraw periodical interest accrued therein towards the maintenance of the daughter.

Appellant has also agreed to deposit the remaining amount of Rs. 19.00 lakh in a nationalized bank in her name initially for a period of five years subject to withdrawal of periodical interest accrued thereon.

The amount of Rs. 38.00 lakh is to be deposited in the Family Court, Bangalore in MC No. 3507 of 2010 and the family court shall make necessary arrangements for the deposit of the amount as stated above.

In view of the settlement arrived at between the parties, criminal cases pending in CC No. 9533 of 2013, on the file of VI ACCM, Bangalore, Crl. Misc. 331 of 2012, on the file of II Addl. Family Court, Bangalore, Crl. Misc. 94 of 2013, on the file of MMTC-III, Bangalore, Crl. Misc. No. 443 of 2013, on the file of Family Court, Bangalore and civil suit in OS No. 278 of 2013, on the file of City Civil Court, Bangalore, shall be withdrawn by the respective parties. Parties have also agreed that the allegations made against each other in MC No. 3507 of 2010 shall be withdrawn and the appellant-wife will not have any objection for decreeing MC No. 3507 of 2010.

In order to fulfill the terms and conditions of the compromise petition, if necessity arises, the parties are at liberty to make use of this order passed on the basis of the joint memo filed by the parties.

Accordingly, this appeal is disposed in terms of the joint memo filed by the parties and the judgment and decree dated 18-9-2008 passed in MC No. 3 of 2007, on the file of Senior Civil Judge & JMFC, Kollegal, is hereby modified accordingly. It is clarified that if the respondent-husband fails to deposit the amount as agreed in terms of the joint memo, the appellant-wife is at liberty to revive this appeal. In view of disposal of the main appeal as above, IA-I/2012 for production of additional documents and IA-II/2011 for stay doe not survive for consideration and they are accordingly dismissed.