Smt. Vanishree vs G. H. Thoriyeshi

N.K. Patil, J.—The appellant herein being aggrieved by the impugned judgment and decree dated 17.08.2009 passed in MC No. 121/2007 on the file of the learned Judge, Family Court, Davangere has presented this appeal. We have heard learned Counsel appearing for the appellant as well as learned Counsel appearing for the respondent. Both the appellant and the respondent are present before this Court. Their presence is placed on record.

Learned Counsel appearing for both the parties have filed a joint memo dated 11.01.2012, duly signed by the appellant and respondent and attested by their respective counsel stating that the matter has been settled amicably between the parties based on the terms and conditions of the joint memo. The same is placed on record. Execution is admitted by the parties before the Court as envisaged u/s 13(1)(1-b) of the Hindu Marriage Act. Both the counsel appearing for the parties pray that the appeal may be disposed of on the terms and conditions of the joint memo and also pray to set aside the impugned judgment and order passed by the Court below and in substitution thereof, record the above terms of joint memo and grant decree of dissolution of the marriage by mutual consent of the parties and direct the respondent to pay a sum of Rs.5,00,000/- by way of DD to the appellant within one week and also pass an order regarding effecting joint khata in respect of the property bearing Sy.N104/1 measuring 1 acre 37 guntas of Gudahal Village, Davangere Taluk.

The terms and conditions of the joint memo dated 11.01.2012 reads thus: The parties above named respectfully submit as follows:

The respondent filed MC No. 121/2007 on the file of Family Court at Davangere u/s 13(1)(1-b) of Hindu Marriage Act for grant of divorce alleging that the appellant has deserted him without reasonable cause or excuse. By the impugned judgment and order dated 17.08.2009 the Family Court granted divorce on the said ground, which is under challenge in the above appeal on various grounds raised in the appeal memo.

Now both parties have settled the above dispute, on terms and conditions herein upon agreed. Both parties submit that they have been living separately since the year 2000; and that they have not been able to live together and marriage has irretrievably broken and as such they have agreed for dissolution of marriage by mutual consent.

Both parties hereby withdraw their respective averments and allegations made against each other in their respective divorce petition and objection statement. Subject to fulfillment of the other terms by the respondent, the parties pray for an order of divorce by mutual consent.

The respondent hereby undertakes to pay an amount of Rs.5,00,000/- to his son Sri.T G Swaroop, represented by mother -appellant herein as guardian by way of bank DD within one week from today. On such payment the said amount shall be kept in Fixed Deposit in any of the Nationalized or Scheduled Banks in the name of the said son, represented by the appellant Smt.Vanisree as Guardian. The appellant is entitled to withdraw the entire interest periodically and spend the same to meet the expenses of minor son. The said amount of Rs.5.00 Lakhs to be deposited may be withdrawn by the son, after attaining majority, if not required for educational purpose.

There are several ancestral and joint family properties in the joint family of respondent and both respondent and his above son have one share to their branch, and in that they have intersay each half share, in such properties by metes and bounds. The respondent and his son shall have joint khata and entries in the revenue records/RTC and Pahanies in respect of Sy.No. 104/1 measuring 1 acre 37 guntas of Gudahal Village, Davangere Taluk effected and their names be jointly entered in such records; and for that purpose his said son represented by his mother - appellant shall be entitled to make application to have such joint entries made by the Tahsildar or other revenue officials. The son is entitled to have his share by metes and bounds.

WHEREFORE parties pray that subject to above terms and conditions this Hon''ble Court may be pleased to set aside the impugned order and in substitution thereof; record the above terms of Joint Memo and grant Decree of Dissolution of Marriage by mutual consent of parties and direct the respondent to pay the said amount of Rs.5.00 lakh by way of DD to appellant within a week and also pass orders regarding effecting joint khata in respect of properties, in the ends of justice.

In the light of the terms and conditions of the joint memo, the instant appeal filed by the appellant stands disposed of directing the respondent to pay Rs.5,00,000/- by way of DD to the appellant within one week from today and the respondent is directed to file a memo alongwith the xerox copy of DD paid to the appellant within 10 days from today.