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2025 DAILYLAW 55139 (KAR)

SMT.NITYA H R v. MR.PRATHAP M

MFA/7360/2024 · 2025-04-26

Lok Adalath

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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 MRS. JUSTICE K.S. HEMALEKHA & SMT. SOHANI HOLLA, MEMBER M.F.A.No.7360/2024 (FC) (Lok Adalat No.3962/2025) BETWEEN: SMT. NITYA H.R. W/O SRI PRATHAP .M D/O SRI H.B. RAJKUMAR, AGED ABOUT 30 YEARS, R/O 16/1 2ND CROSS 5TH MAIN, SAMPANGI RAMA NAGAR, BENGALURU-560027. (ADDRESS AS SHOWN BEFORE THE HON’BLE TRIAL COURT) NO.23, 2ND MAIN, 9TH CROSS, SAMPANGI RAMA NAGAR, BENGALURU-560027. ... APPELLANT (BY SRI BHARATH KUMAR V., ADVOCATE) AND: MR. PRATHAP .M S/O SRI MAHENDRA, AGED ABOUT 30 YEARS, R/O NO.43, 4TH CROSS, LAKSHMI LAYOUT, GAREBHAVI PALYA, BENGALURU-560 068. ... RESPONDENT (BY SRI SURESH S., ADVOCATE) 2 THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 17.08.2023 PASSED IN M.C.NO.4699/2022 ON THE FILE OF THE I ADDITIONAL PRL. JUDGE, FAMILY COURT AT BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(i-a) OF THE HINDU MARRIAGE ACT, 1955. THIS APPEAL COMING ON FOR CONCILIATION BEFORE NATIONAL LOK ADALAT, THE FOLLOWING CONCILIATION ORDER IS PASSED. CONCILIATION ORDER Learned counsel appearing for the appellant and respondent along with their respective parties are present. 2. After prolonged negotiations, the matter is settled. A joint memo signed by the learned advocate appearing for the appellant and respondent and their respective parties is filed, which reads as under: 1. “The present appeal is filed by the appellant-wife assailing the judgment and decree dated 17.08.2023, passed in M.C No.4699/2023, on the file of the Prl. Family Court, at Bengaluru, wherein, the petition filed by the respondent- husband under Section 13(1)(i-a) of the Hindu Marriage Act 1955 was allowed, thereby dissolving the marriage between the parties. 2. During the pendency of the appeal, both the parties expressed willingness to resolve the matter amicably and the matter was referred to this Lok Adalath for settlement. 3 3. After mutual discussions and deliberations, the parties have arrived at a full and final settlement on the following terms: a. The respondent-husband has agreed to discharge the outstanding loan liability standing in the name of the appellant-wife in respect of loan Account bearing No.PPR056104068836, held by M/s Axis Bank on or before 01.06.2025. b. The respondent-husband has agreed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the appellant-wife as a one time full and final settlement towards permanent alimony on or before 10.06.2025. c. The appellant-wife, in consideration of the above terms, agrees to withdraw the present appeal and accepts the judgment and decree passed by the trial Court as final deed. d. The appellant-wife has also agreed that after the respondent-husband discharged the liability and permanent alimony at clause (a) and (b) of the terms of joint memo, she would give her consent to quashing proceeding in C.C No.3469/2023 on the file of the VI Addl. Chief Judicial Magistrate, Bengaluru. e. The parties herein undertake to lead their future life without interfering into the life of other expect as stated 4 above and further, agree and concede that, their shall be no further claims of the any nature whatsoever between them, expect as stated above. f. The parties affirmed that this settlement is voluntary, without coercion or undue-influence and have entered into after fully understanding the implications.” 3. Both the parties have agreed to the terms of joint memo and duly signed by them and their respective counsel. 4. In view of the settlement arrived at Lok Adalath, MFA No.7360/2024 stands disposed of in terms of the joint memo, the judgment and decree passed in M.C.No.4699/2023 is confirmed. The respondent-husband is at liberty for quashing C.C. No.3469/2023 in accordance with law. Sd/- JUDGE Sd/- MEMBER AT