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2025 DAILYLAW 19198 (KAR)

SMT AISHWARYA SHETTY v. SRI HARSHA SWAROOP P

WP/6850/2021 · 2025-04-26

Lok Adalath

body2025

Judgment text

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1 HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE NATIONAL LOK ADALAT IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2025 CONCILIATORS PRESENT: THE HON’BLE MR. JUSTICE K.V. ARAVIND & SRI. JAVEED S., MEMBER W.P.No.6850/2021 (Lok Adalat No.2205/2025) BETWEEN SMT.AISHWARYA SHETTY W/O SHRI HARSHA SAROOP P. AGED ABOUT 34 YEARS PRESENTLY RESIDING AT NO.598 NAWA DWEEP, 6TH CROSS ROAD GRUHALAKSHMI LAYOUT NAGASANDRA POST BENGALURU-560 073 … PETITIONER (BY SRI H.M.MURALIDHAR, ADVOCATE) AND SHRI HARSHA SWAROOP P. S/O LATE PUTTARAJU AGED ABOUT 36 YEARS PRESENTLY RESIDING AT NO.26 2ND FLOOR, R.V.LAYOUT 2 KUMARA PARK WEST BENGALURU -560 020 ….RESPONDENT (SHRI LAXMIKANT M.DUGE, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA CALL FOR THE RECORD ON THE FILE OF THE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT BENGALURU IN G AND WC NO.20/2019 AND QUASH THE IMPUGNED ORDER DTD.8.3.2021 VIDE ANNXUR-A PASSED ON IA NO.II IN G AND WC 20/2019 VIDE ANNX-D1. THIS PETITION COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED: CONCILIATION ORDER The present writ petition is filed by the petitioner-wife challenging the order dated 08.03.2021 passed on I.A.No.II in G & WC No.20/2019 by the VI Additional Principal Judge, Family, Bengaluru. The Family Court, by the impugned order, permitted the respondent-husband to visit the children at the residence of petitioner-wife on every Saturday evening between 3 to 4 P.M. and further permitted the respondent-husband to have interim custody of children Madhava Sankarshana H and Dayanvitha 3 Radhika H. on every alternate Saturdays evening from 4.00 p.m. till next day i.e. Sunday 4.00 p.m. 2. Petitioner has filed Crl.Misc. No.392/2023 seeking monthly maintenance and the same is pending. The respondent has preferred contempt in C.C.No.1250/2024 and is pending before this court. 3. It is further submitted that petitioner had preferred M.C.No.5925/2019 seeking decree of divorce. It is agreed between the parties that allegations made in the said petition are withdrawn. 4. Both the parties have filed compromise petition under Order XXXIII Rule 3 read of CPC. As per the compromise, both the parties have agreed to withdraw the cases filed against each other and the petitioner has waived all present and future claims against the respondent. 4 5. The learned Counsel appearing for the petitioner, respondent and respective parties are present. The parties are identified by their respective counsels. Both the parties submitted that they have read the compromise petition and thereafter affixed their signature. It is jointly submitted that as agreed in the compromise, the parties shall withdraw their respective pending petitions. The compromise between the parties is accepted. 6. In view of the compromise, the order in G & WC No.20/2019 dated 08.03.2021 on I.A.No.2 passed by the VI Addl. Prl. Judge, Family Court, Bengaluru, is set aside. 7. In view of the above, the writ petition stands disposed of in terms of compromise. Sd/- JUDGE Sd/- MEMBER Yn. 5 FILED BEFORE LOKADALAT HIGH COURT LEGAL SERVICES COMMITTEE, BENGALURU BEFORE THE HIGH COURT LOK ADALAT W.P. NO. 6850/2021 (GM-FC) (LOK ADALATH NO. 2205/2025) BETWEEN: SMT. AISHWARYA SHETTY ... Petitioner AND: SRI. HARSHA SWAROOP P …Respondent COMPROMISE PETITION FILED BY THE PETITIONER AND RESPONDENT XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908 (CPC) Petitioner and Respondent above named respectfully submit this Compromise Petition under the following terms: 1. That the Petitioner has filed the above Writ Petition challenging e order dated 08.03.2021 passed in favour of Respondent by the VI Additional Principal Judge, Family Court, Bengaluru in G&WC No. 20/2019 filed by Respondent seeking the custody of the two minor children viz., Master Madhava Sankarshan H and Kum. Dayanvita Radhika H, which is currently pending and is posted for hearing on 28.04.2025. _____________________________________________________________ Sd/- Sd/- Petitioner Respondent True Copy Sd/- Secretary 6 2. That the Petitioner has also filed Criminal Misc. Petition No. 392/2023 before the same Family Court seeking monthly maintenance of Rs.1,50,000/- for the two minor children viz., Master Madhava Sankarshan H and Kum. Dayanvita Radhika H, and for herself, in addition to Rs.2,00,000/- towards litigation expenses, which petition is also pending. 3. That the marriage between the parties solemnized on 15.11.2010 was dissolved by an ex-parte decree passed in favour of Petitioner in M.C. No. 5925/2019 by the VI Additional Principal Judge, Family Court, Bengaluru on 19.01.2022 under Section 13(1)(ia)&(ib) of the Hindu Marriage Act, 1955, and the said decree has attained finality. 4. That the parties are living separately and the custody of the two minor children continues to remain with the Petitioner. 5. That through the intervention of Lok Adalat, well-wishers, friends and mediators, the parties have arrived at a mutual understanding in the best interest of the children and have resolved all pending issues amicably on the following terms and conditions: i. The Petitioner and Respondent acknowledges the biological relationship with the minor children, Master Madhava Sankarshan H and Kum. Dayanvita Radhika H. _____________________________________________________________ Sd/- Sd/- Petitioner Respondent True Copy Sd/- Secretary 7 In the best interest of the children, and without prejudice to his dignity or personal status, the Respondent consents to relinquish all custodial claims, access, and decision-making responsibilities concerning their upbringing, education, and welfare. Save for the biological connection, no further rights or obligations shall vest in him henceforth. ii. Both parties agree and undertake that they shall not claim any past, present, or future maintenance or alimony against each other either for themselves or for children. Petitioner shall independently provide for their upbringing, education, and well-being to the best of her capacity and ability. iii. Both parties hereby agree that they relinquish the following rights: [a] All present and future claims, rights, or entitlements over each other's movable or immovable properties, including any rights of inheritance or succession, whether under statutory law or personal law. [b] The right to initiate or pursue any present or future legal proceedings against each other under Section 125 of the Cr.PC, Section 144 of the BNSS, the Hindu Adoptions and Maintenance Act, 1956, the Protection of Women from Domestic Violence Act, 2005, the Hindu Succession Act, 1956, or any other statute or law seeking maintenance, support, or any related reliefs. _____________________________________________________________ Sd/- Sd/- Petitioner Respondent True Copy Sd/- Secretary 8 [c] Unequivocally waives and relinquishes any and all rights to initiate or pursue any proceedings, reopen any issues already adjudicated in M.C. No. 5925/2019, or seek any form of past, present, or future maintenance, alimony, or monetary claims. [d] Restrain themselves from maligning the respect or reputation in the Society in any ways including through social media. [e] Both parties hereby withdraw allegations and counter allegations made against each other hitherto in all cases filed by or against them. iv. Petitioner shall take the entire responsibility to protect the interest of minor children without the aid of Respondent of any kind. v. Respondent undertakes not to interfere, directly or indirectly, in the personal life, education, or welfare of the Petitioner and the minor children. vi. Petitioner agrees to withdraw Criminal Misc. Petition No. 392/2023 pending before the VI Additional Principal Judge, Family Court, Bengaluru reporting the settlement arrived at through this present compromise petition on 28.04.2025. vii. Respondent agrees to withdraw G&WC No. 20/2019 on 28.04.2025, reporting the settlement arrived at through this present compromise petition on 28.04.2025. _____________________________________________________________ Sd/- Sd/- Petitioner Respondent True Copy Sd/- Secretary 9 viii. Respondent further agrees to withdraw the Contempt of Court Case No. CCC.1250/2024 filed by him before this Hon'ble Court forthwith. ix. Both parties agree that this compromise petition shall be treated as a full and final settlement of all disputes and legal claims. x. The petitioner has no objections to return the cheque No.00007 dtd.01/10/24 drawn on IDFC Bank and DD No.924269 dtd. 26/06/24 drawn on IDFC Bank to Respondent currently deposited with the Court registry. Respondent is at liberty to take the aforementioned Cheque and DD from the Court registry. xi. It is further declared that this understanding has been arrived at by both parties freely, voluntarily, consciously, and with full knowledge of their rights, without any force, coercion, undue influence, misrepresentation, or pressure from any side. Both parties affirm that they are entering into this settlement while being in a sound state of mind and after obtaining independent advice wherever necessary. WHEREFORE, both parties respectfully pray that this Hon'ble Court may be pleased to record the above compromise, take the same on record, and dispose of the Writ Petition in terms of the compromise, in the interest of justice and equity. Bengaluru Date: 26.04.2025 Sd/- Sd/- PETITIONER RESPONDENT Sd/- Sd/- ADVOCATE FOR PETITIONER ADVOCATE FOR RESPONDENT True Copy Sd/- Secretary