LAWS(KAR)-2022-7-1275

GURUMURTHY Vs. NAGARATHNAMMA

Decided On July 12, 2022
GURUMURTHY Appellant
V/S
NAGARATHNAMMA Respondents

JUDGEMENT

(1.) The appellant-husband filed the present Miscellaneous First Appeal against the judgment and decree dtd. 18/7/2016 made in M.C.No.574/2013 on the file of the III Additional Principal Judge, Family Court, Bengaluru, allowing the petition filed by the appellant under Sec. 13(1)(ia)(ib) of the Hindu Marriage Act and directing him to pay monthly maintenance of Rs.20,000.00 to the respondent-wife till her life time or till she remarries, etc.,

(2.) This Court, by the Order dtd. 17/3/2022, referred the mater to the Bengaluru Mediation Centre for amicable settlement. After conducting Mediation, the Director, Bengaluru Mediation Centre has addressed a letter dtd. 22/6/2022 enclosing therewith copy of the Memorandum of Agreement entered into between the parties, under Sec. 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, wherein, it is stated that, the parties have three children viz., (i) Mahesh G., born on 3/4/1991, (ii) Manjula G, born on 3/4/1993 and (iii) Hemanth G., born on 10/9/1996. The first son Mahesh is residing along with the respondent/mother and the other two children viz., Manjula and Hemanth are under the care and custody of the appellant/father and are residing with him. The parties agreed to settle all their disputes and claims once for all towards maintenance/permanent alimony and all other claims against each other. In pursuance of the same, the appellant has agreed to pay a sum of Rs.3,00,000.00 (Rupees three lakhs) to the respondent/wife by way of Demand Draft No.004393 dtd. 7/6/2022 drawn on HDFC Bank, HSR Layout-III, Bengaluru, drawn in favour of the respondent/wife.

(3.) The respondent has agreed to withdraw the Execution Case No.33/2017 pending before the III Additional Family court, Bengaluru, without any further prosecution. The respondent has further agreed that in view of the aforesaid settlement, she will waive off the entire outstanding amount towards arrears of maintenance and further, she will not make any claim in future towards maintenance/ permanent alimony or any other claim.