MFA/4741/2024 of SRI.GANGADHAR S Vs SMT SUNITHA K M on 31 July 2026

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present appeal under Section 19(1) of the Family Courts Act, 1984 has been filed impugning the judgment and decree dated 02.12.2023 passed by the V Addl. Prl. Judge, Family Court, Bengaluru in M.C.No.442/2017 whereby, the Family Court has rejected the petition filed by the appellant- husband seeking dissolution of marriage.

2. The marriage between the appellant and the respondent was solemnized on 16.06.2014. During the pendency of this appeal, we referred the parties to the

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Karnataka Mediation Centre at Bengaluru with a view to explore the possibility of amicable settlement. We are pleased to note that the parties have settled their dispute amicably through the process of mediation. The mediation report along with the memorandum of settlement has been placed on record.

3. The parties are present before the Court and have been duly identified by their respective advocates representing them.

4. We have asked the parties present in the Court whether they accept the mediation report. Both parties unambiguously stated that they accept the mediation report.

5. In terms of the mediation report, a memorandum under Section 89 of the CPC, 1908, read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 has been filed, which reads as under: I. The parties above named submit as follows:

1. The above appeal has been filed by the appellant u/s 19(1) of the Family Court Act challenging the judgment and Decree dated 02.12.2023 passed in M.C.No.442/2017 on the file of the V Addl. Pri Judge Family Court, Bengaluru filed under Hindu Marriage Act,

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seeking for dissolution of marriage. The present M.F.A No.4741/2024 has been preferred by the Appellant/husband seeking to set aside the said judgement and as a consequence of the same the dissolution of marriage.

2. The above appeal has been referred to mediation for resolving the dispute between the parties. It is essential to place on record that the mediation process has taken place in the presence of the parties along with their respective advocates. a)The appellant and the respondent were married on 16.06.2014 at Shri Padmavathi Kalyana Mantapa, Maddur, Mandya District, as per Hindu rites and customs. Both the parties are living separately from 07.09.2016. Both the parties agree that they have no children born to them from their wedlock.

3. During the course of mediation both parties have agreed that the marriage between them has irretrievably broken down and inspite of the intervention of elders and well-wishers and their best of efforts, the parties could not reconcile their differences and are of the opinion that there are no chance of their reconciling and leading a happy married life together. The efforts made by the elders, friends and well wishers to resolve the differences between the parties did not yield any fruits. Hence, the Respondent has consented for divorce and the Appellant and the Respondent have decided to get their marriage dissolved by a decree of divorce on the following terms of settlement: -

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a) In view of the present settlement arrived at between the parties, the Appellant has agreed to pay a total sum of Rs.40,00,000/- (Rupees Forty Lakh Only) to the Respondent towards her permanent alimony/maintenance in full and final settlement of all her claims as against the Appellant by way of four demand draft details as follows:-

i) A sum of Rs. 17,00,000/- (Rupees Seventeen Lakhs Only), D.D NO.013133 dated 20.07.2026 drawn on HDFC Bank, Bengaluru

ii) A sum of Rs.6,00,000/- (Rupees Six Lakhs Only), D.D NO.013135 dated 20.07.2026 drawn on HDFC Bank, Bengaluru

iii) A sum of Rs. 12,00,000/- (Rupees Twelve Lakhs Only), D.D No.013134 dated 20.07.2026 drawn on HDFC Bank, Bengaluru.

iv) A sum of Rs.5,00,000/- (Rupees Five Lakhs Only),D.D No.531065 dated 20.07.2026 drawn on ICICI Bank, Bengaluru The Appellant shall handover the said demand drafts before the Hon'ble Court at the time of reporting settlement.

b) Apart from the above, both the parties shall not have any claims of whatsoever nature against each other including moveable or immoveable properties belonging to each other either past, present or future.

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c) Both the parties state that they have already exchanged all their belongings and have no further claims against each other.

d) Both the parties hereby withdraw all allegations made against each other.

e) Both the parties shall not interfere with each other's life in any manner whatsoever, in future.

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

II. In view of the aforesaid agreement entered into between the parties, the parties humbly pray that this Hon'ble Court be pleased to pass appropriate orders dissolving the marriage solemnized between the parties on 16.06.2014 at Shri Padmavathi Kalyana Mantapa, Maddur, Mandya District, in terms of this settlement/agreement. III.Parties will appear on 31.07.2026 before this Hon'ble High Court of Karnataka at Bangalore, for passing orders in terms of the settlement/agreement.

6. The demand draft, as mentioned in the memorandum of settlement has been handed over to the respondent-wife in Court and she has acknowledged the same.

7. We accept the mediation report which is signed by the parties as well as the mediator.

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8. Consequently, the judgment and decree dated 02.12.2023 passed by the V Additional Principal Judge, Family Court, Bengaluru, in M.C. No.442/2017 are set aside. The marriage between the parties stands dissolved in terms of the Memorandum of Settlement.

9. Accordingly, the appeal is disposed of.

Sd/- (D K SINGH) JUDGE

Sd/- (T.M.NADAF) JUDGE

RKA List No.: 1 Sl No.: 10