- 1 - HC-KAR NC: 2025:KHC:19782-DB MFA No.4734/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.4734/2022 (IDA) BETWEEN: SRI RAPHAEL MAXEL THEKKINIYATH AGED ABOUT 40 YEARS S/O T F RAPHAEL PRESENTLY R/AT WINDSOR CASTLE THEKKINIYATH HOUSE HOLY ANGELS ROAD OLLUR, THRISSUR DISTRICT – 680 306 …APPELLANT (BY SRI.SANTOSH RAJ URS, ADVOCATE) AND: SMT SRUTHY TRESA ANTONY AGED ABOUT 39 YEARS D/O SRI M P ANTONY NOW R/AT FLAT NO.3C LAZARUS ENCLAVE 15, CAMPBELL ROAD AUSTIN TOWN, BENGALURU - 560 047 …RESPONDENT (BY SMT.PRAMILA NESARGI, SENIOR COUNSEL FOR SMT.BINDU U, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 55 INDIAN DIVORCE ACT, READ WITH UNDER SECTION 19(1) OF FAMILY COURTS ACT, 1984, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 03.10.2018 PASSED IN M.C.NO.3078/2016 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 10(1)(x) OF THE DIVORCE ACT 1869. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19782-DB MFA No.4734/2022 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL) Appellant, respondent and their respective counsel are present. Parties are duly identified by their respective counsel. 2. Parties submit the compromise petition under Order XXIII Rule 3 of CPC along with demand draft bearing No.807645 for Rs.40,00,000/- drawn on South Indian Bank Limited, Ollur Branch Kerala, in favour of respondent/wife. The said demand draft is handed over to the respondent and she acknowledges receipt of the same. 3. Heard the parties on the compromise petition. Parties admit voluntary execution of the compromise petition and the terms of the same. The terms of compromise read as follows: “ COMPROMISE PETITION UNDER ORDER XXIII, RULE 3 OF CODE OF CIVIL PROCEDURE The appellant and the respondent, most respectfully submits as follows: 1. They submit that the appellant have challenged the judgement and decree of divorce passed by the Hon'ble - 3 - HC-KAR NC: 2025:KHC:19782-DB MFA No.4734/2022 Principal Family Judge, Bangalore in MC No. 3078/2016 dated 03-10-2018. 2. The appellant and the respondent submit that during the pendency of this appeal, both the appellant and the respondent due to intervention of elders and well- wishers have amicably settled their disputes. 3. Both parties hereby acknowledge and agree that the judgment and decree for divorce dated 03.10.2018, passed in MC No. 3078/2016, is final. The said judgment and decree shall not be contested or reopened under any circumstances. 4. It is mutually agreed that appellant shall pay a sum of Rs.40,00,000/-(Rupees Forty Lakhs only) to respondent as full and final settlement towards permanent alimony, in lieu of the previously ordered amount of Rs.50,00,000 (Rupees Fifty Lakhs). On this day, the appellant as paid a sum of Rs.40,00,000 (Rupees Forty Lakhs) vide Demand Draft bearing No.807645, drawn on The South Indian Bank Limited, Ollur Branch, Kerela favouring Sruthy Tresa Antony - 4 - HC-KAR NC: 2025:KHC:19782-DB MFA No.4734/2022 (respondent), the respondent acknowledges the receipt of receiving the same. 5. The respondent as agreed to withdraw the following pending cases, a. Execution Petition No. 65/2021 pending before the Family Court in Thrissur, Kerala b. Crl. Misc. No. 850/2019, pending before the II Addl. Family Court, Bangalore c. Crl. Misc. No. 122/2022, pending before the II Addl. Family Court, Bangalore d. Crl Misc. No. 155/2022 pending before the II Addl. Family Court, Bangalore. 6. The respondent shall cooperate and provide her consent for quashing of the criminal cases pending against the appellant before the Hon'ble High Court of Karnataka, as detailed below: a) The appellant has filed Criminal Petition No. 462/2025 before this Hon'ble Court seeking to quash C.C. No. 60135/2017, arising out of Crime No. 332/2016 registered by the Byappanahalli Police Station for offences punishable under Sections 341, 323, 354, 504, and 506 of the Indian Penal Code, which is currently pending before the Hon'ble X Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru; and - 5 - HC-KAR NC: 2025:KHC:19782-DB MFA No.4734/2022 b) Criminal Petition No. 129/2025, filed for quashing of C.C. No. 57868/2019, arising out of Crime No. 54/2018 registered by the Byappanahalli Police Station for offences punishable under Sections 341, 323, 354, 506, and 509 of the Indian Penal Code, which is also pending before the Hon'ble X Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru. 7. It is agreed between the parties that the respondent shall remain the sole legal guardian and custodian of the minor child as per the order in G &WC No. 177/2016 passed by the Hon'ble Prl. Family Judge, Bengaluru. 8. The Visitation arrangements agreed between the parties be the minor child Master. Roderick Leviz Maxel are as follows: a. The appellant shall have the unfettered assets the inci chín from 11:00 AM to 6:30 PM on every Second Sunday and Fourth Sunday (on mutual understanding the timings and days or visitation can be modified) b. The appellant shall pick up and drop off the minor child in a timely manner. The minor child shall not be sent back alone via public transport/cab under any circumstances. 9. The respondent agrees to accept the aforementioned alimony as full and final settlement of all her claims against the appellant, the respondent further - 6 - HC-KAR NC: 2025:KHC:19782-DB MFA No.4734/2022 undertakes not to seek any additional maintenance or monetary relief, either in her favour now or in the future, in contravention of this compromise petition. The respondent is at liberty to seek any additional educational expenses towards the minor child and provide receipts for the same. The appellant has agreed to cover the entire medical expenses of the minor child till he settles in his life. 10. It is submitted that, pursuant to the order dated 12.09.2019 passed in Crl. Misc. No. 546/2017 by the Hon'ble II Additional Principal Judge, Family Court, Bengaluru, the appellant was directed to pay Rs.50.000 (Rupees Fifty Thousand only) per month towards the maintenance of the minor child. However, in view of the amicable settlement now arrived at between the parties, the respondent has agreed to receive a reduced amount of Rs.25,000/- (Rupees Twenty-Five Thousand only) per month towards the maintenance of the minor child, includes school fees and child support. Accordingly, the appellant has agreed to pay Rs.25,000/- per month from the date of signing this compromise, which shall continue until the child completes education or till he settles in his life. The said maintenance amount shall be paid or transferred by the appellant to the bank account specified by the respondent on or before the 5th of every calendar month. The respondent further undertakes not to claim or initiate any proceedings for recovery of arrears of - 7 - HC-KAR NC: 2025:KHC:19782-DB MFA No.4734/2022 maintenance as directed under the order dated 12-09- 2019 passed by the Hon'ble II Additional Principal Judge, Family Court, Bengaluru in Crl. Misc. No. 546/2017. The appellant agrees to withdraw the petition filed in RPFC No. 265/2023, which is presently pending before this Hon'ble Court. 11. All disputes, cases, or proceedings of any nature currently pending before any courts, or other forums between the parties shall be withdrawn by the respective parties. The respondent also agrees to withdraw all allegations made against the appellant in any pleadings or proceedings, and undertakes that no further allegations of any nature shall be made against him. Similarly, there shall be no allegations made against respondent. 12. By accepting this compromise, the respondent waives any and all claims against the appellant, his family members, and their assets, both present and future. Furthermore, the respondent agrees to refrain herself from making any claims, against movable or immovable properties of the appellant or his family either existing or acquired in future. The property rights of the minor child is kept open. 13. This compromise is entered into without any coercion, undue influence, force or pressure from anyone and full knowledge and understanding. - 8 - HC-KAR NC: 2025:KHC:19782-DB MFA No.4734/2022 14. The respondent submits that the application filed under section 151 of CPC pending in MFA No. 1839/2020(GW) seeking modification of the visiting rights granted by this Hon'ble court, be dismissed as not pressed. Wherefore, the appellant and the respondent, most respectfully pray that this Hon'ble court be pleased to dispose of the appeal in terms of this compromise in the end of Justice and equity." 4. Respondent-wife admits that she has agreed to give up all her rights for maintenance and received the aforesaid demand draft in full and final settlement of her claim. Both parties have agreed that appellant shall pay Rs.25,000/- to their son for his maintenance and other educational expenses and custody of the child shall remain with the respondent as stated in the compromise petition. Further respondent has agreed to withdraw the cases filed by her against the appellant before the Family Court, Trissur and Bengaluru. 5. Satisfied that the compromise is voluntary one and admissible in law. Hence the same is recorded. The - 9 - HC-KAR NC: 2025:KHC:19782-DB MFA No.4734/2022 appeal deserves to be allowed accordingly. Hence the following: ORDER Appeal is allowed. The impugned judgment and decree in M.C. No.3078/2016 on the file of Principal Judge, Family Court, Bengaluru is hereby set aside. M.C.No.3078/2016 on the file of Principal Judge, Family Court, Bengaluru is hereby allowed in terms of the compromise petition. The marriage of the appellant and respondent solemnized on 29.12.2007 at St.Antony’s Forance Church, Ollur, Trissur, Kerala is hereby dissolved. Draw decree accordingly. In view of the compromise, pending applications in MFA Nos.4734/2022 and 1839/2020 stood disposed of. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE AKC List No.: 1 Sl No.: 28