Somashekar S.V. vs Annapurna R.

N.K. Patil, J.—These two appeals are filed by the aggrieved husband against the common judgment and decree dated 14.09.2012 passed in M.C. Nos. 5/2011 and 157/2011 on the file of the Judge, Family Court, Davangere.

We have heard Sri K.N. Mohan, learned Counsel for the appellant / husband and Sri M.N. Madhusudhan, learned Counsel for the respondent / wife.

The appellant and respondent are present before the Court and their presence is placed on record.

Learned Counsel for both the parties have filed a compromise petition dated 04.12.2014 under Order 23 Rule 3 of CPC and submitted that these matters may be disposed of as per the terms and conditions mentioned at paragraph Nos. 2 to 7 of the compromise petition.

Paragraph Nos. 2 to 7 of the compromise petition read thus:

"2. The Appellant in the above appeal in terms permanent alimony has executed a registered gift deed with respect to the immovable property bearing Site No. 75, Katha No. 1628 formed out of the land in Re.Sy. No. 26 situated at Nituvali Division, Jeevan Bhimanagar, Davanagere in favour of the respondent herein and the same is registered as document No. DVG-1-12694/14-15 stored in CD No. DVGD 361 under BOOK No. 1 dated 17/11/2014 before the Office of the Sub Registrar Davanagere. It is agreed between the parties that the respondent agreed to not to claim any maintenance and permanent alimony from the appellant.

With the advise of the elders the appellant and the respondent have deposited a sum of Rs. One Lakh each in the name of their only one daughter by name Kum. Sinchana. S. in a Nationalized Bank and accordingly the appellant had deposited a sum of Rs. 1 lakh at State Bank of India, Davanagere, on 06-08-2014 and the respondent had also deposited a sum of Rs. 1 lakh at Bank of India, Davanagere and the said amount has been kept for ten years and both the appellant and respondent agreed to not to claim any interest thereon and the said amount shall be drawn by the said Kumari Sinchana S. after attaining the age of majority. The parties have agreed that the appellant has not objection to keep the original FD Bonds with the respondent and the respondent is at liberty to renew the FD Bonds with respect to interest if any. It is agreed between the parties that Sinchana S. after attaining majority may with draw the amounts in FD Bonds and enjoy the same as per her wish.

The Appellant and the Respondent are agreed that their daughter by name Kum. Sinchana S. will be in custody of the Respondent mother and the Appellant will have a visiting right every second and fourth Sunday of every month and appellant shall intimate the same one day earlier by way of short message to the respondent and the visiting time shall be from 11 am to 3 pm in the residence of respondent.

The appellant has agreed bear the educational expenses including the fee to the study of minor child by name Sinchana S. and further the appellant shall try to get her studies in the Kendriya Vidyalaya, Davanagere till she attains majority.

The parties have agreed that the appellant shall not interfere with the day to day affairs of the respondent similarly the respondent shall not interfere with the day to day affairs of the appellant. Both the appellant and the respondent without any force or coercion have signed the memorandum of compromise petition.

The Appellant and the Respondent have after understanding the contents have voluntarily signed the memorandum of Compromise petition and settled all the issues through this compromise petition. Both the parties have no claims what so ever against each other in future."

The compromise petition is placed on record.

As per the terms and conditions of the compromise petition, as extracted supra, the impugned common judgment and decree dated 14.09.2012 passed in M.C. Nos. 5/2011 and 157/2011 on the file of the Judge, Family Court, Davangere, is hereby modified and both the appeals are disposed of.