S.N. Abhinandana vs M.P. Saroja

Alok Aradhe J

This appeal under Section 28 of the Hindu Marriage Act, 1955 has been filed against judgment dated 07.01.2012 passed by Principal Civil Judge (Sr.Dn.) in M.C.No.8/2002 by which a decree of divorce was granted by the trial court dissolving the marriage between the parties on 29.04.1990.

Learned counsel for the parties submitted that the dispute between the parties have been amicably settled and a memorandum of agreement under Section 89 of the Code of Civil Procedure has been recorded in the proceedings before the Bangalore Mediation Centre.

The terms of the amicable settlement are as under:

Both appellant and respondent state that there is absolutely no chance of reunion between them and they are now agreeable to dissolve their marriage and seek a decree of divorce.

The appellant has agreed to pay the respondent an amount of Rs.4,00,000/-(Rupees Four Lakhs Only) towards the full and final settlement of all the issues raised by the respondent against him and the respondent has also agreed to the same..

The appellant has agreed to pay the said amount of Rs.4,00,000/- vide demand draft dated 10.02.2022 bearing No.657830, in favour of M.P. Saroja and drawn on State Bank of India, Sriramapura Branch, Mysuru-570023, and the said DD will be handed over to the respondent before the Hon’ble High Court at the time of passing of the final order on this settlement agreement.

In view of this settlement between the parties, the respondent has agreed to withdraw Execution Case No.44/2020 pending before Prl. Civil Judge, Senior Division, Mandya.

The respondent states that she has not filed any other cases which are pending against the appellant other than what is mentioned in afore mentioned paragraphs.

The respondent states that she will not claim any maintenance or permanent alimony against the appellant other than the amount that is mentioned in para No.3 herein above.

Both parties state that they have no other claims of whatsoever nature either movable or immovable properties against each other.

The parties further state that there has been no collusion or force, fraud or any undue influence in entering into this settlement agreement in the aforesaid manner.

Both the parties agree that they will not interfere in the lives of each other in future.

In pursuance of the aforesaid agreement arrived at between the parties, learned counsel for the appellant has handed over a demand draft of Rs.4 Lakhs dated 10.02.2022 to learned counsel for respondent, the receipt of which is acknowledged by learned counsel for respondent. The judgment and decree passed by the trial court is modified to the extent mentioned above. The judgment an decree passed by the trial court in view of the terms and conditions referred to above is modified.

Accordingly, the appeal is disposed of.