Swetha L vs Manjunath P.V.

Ramachandra D. Huddar, J

Both the counsels present.

The appellant and respondent are identified by the respective counsels are physically present in the Court.

The compromise petition filed under Order XXIII Rule 3 of the Code of the Civil Procedure, 1908, reporting compromise between the appellant and respondent. The contents of the same are as under:

"At the instance of the well-wishers, elders, relatives and common friends the parties have sat together and discussed to settle the differences and disputes amicably and the parties have reached settlement amicably and they have decided to settle the dispute between them in terms of this compromise petition.

Both the parties herein submit that the present MFA is filed by the Appellant Smt. Swetha L being aggrieved by the Judgment and Decree dated 16.02.2023 passed by the Hon'ble III Additional Principal Judge, Family Court at Bengaluru dismissing the petition for divorce filed under Section 13(1) (i- a) and (i-b) of the Hindu Marriage Act, in M.C.No.3924/2017.

In view of intervention of the well-wishers and counsels on both the sides, both the parties have resolved the disputed issues between them amicably and have entered into settlement terms between them, as follows: -

i) Both the parties herein agree that they are married to each other on 18.11.2010 at Sri Gururaja Kalyana Mantapa, Kengeri Upanagara, Bengaluru;

ii) Both the parties herein agree that, they do not have any children from their wedlock;

iii) Both the parties herein agree that, they have been living away from each other from almost a decade and that there is no possibility of reunion between them.

iv) Both of them agree that, the incompatibility between them is irreconcilable. Hence, both the parties herein have decided to move each other gracefully by seeking a decree of divorce by mutual consent from this Hon'ble Court.

V) In view of the compromise arrived between the parties, the Appellant herein agrees to withdraw the Domestic violence case no C.Misc No 185/2016 filed by the appellant against the respondent pending on the file of the Hon'ble 2nd Additional Metropolitan Magistrate Court at Bengaluru.

vi) Both the parties have withdrawn all the allegations leveled against each other unequivocally in all forums including the ones mentioned in the Memorandum of Petition filed in M.C. No. 3924/2017, objections filed in M.C. No. 3924/2017, C.Misc No 185/2016, objections filed in C.Misc No 185/2016 and Memorandum of Appeal filed in present MFA by the Appellant.

vii) Both the Appellant and Respondent agree that, both being well educated have voluntarily taken this decision mutually to get a decree of divorce dissolving their marriage dated 18.11.2010 at Sri Gururaja Kalyana Mantapa, Kengeri Upanagara, Bengaluru;

The Appellant and Respondent do hereby declare and concede that there is no threat, coercion, undue influence in entering into this compromise petition and this compromise is arrived at on their own free will and wish. Both the parties herein agree to respect the status, reputation and dignity of each other and they further agree that the terms of this compromise shall be binding on both the parties.

Both the parties herein agree that, there are no movables to be exchanged between them.

Both the parties herein agree not to claim any past, present and/or future maintenance against each other.

Both the parties herein agree, not to make any claim against any movable or immovable properties standing to the credit of each of them.

Both the parties herein agree not to scratch any incidents of past and/or use any communication between the parties herein anywhere outside to harm the reputation of each other.

The respondent herein has no objection for granting decree of divorce.

In view of settlement arrived as above both the parties herein pray that this Hon'ble Court be pleased to pass an order dissolving the marriage of Smt. Shwetha.L the Appellant herein and Sri. Manjunath P.V, the Respondent herein solemnized on 18.11.2010 at Sri Gururaja Kalyana Mantapa, Kengeri Upanagara, Bengaluru, by granting a decree of divorce.

WHEREFORE, the Appellant and Respondent pray that this Hon'ble Court be pleased to pass decree of divorce by dissolving the marriage of the Appellant and Respondent, in the interest of Justice and equity”.

The contents of the aforesaid compromise petition are read over and explained to both the parties in Kannada in the language known to them. They admit the same.

In view of the compromise between the appellant and respondent this appeal is disposed of in terms of the compromise petition.

There shall be decree in terms of the compromise petition.

No orders as to costs.