UMA ALIAS RAJALAKSHMI Vs. SRI G. MANJUNATH

JUDGEMENT

(1.) THERE is a delay of 976 days in preferring this appeal Learned counsel for the respondent has no objection to condone the delay, since the parties have settled their disputes amicably. Accordingly, IA -I/2011 is allowed and the delay is condoned. Against the judgment and decree dated 18 -9 -2008 passed in MC No. 3 of 2007, on the file of Senior Civil Judge and JMFC, Kollegal, ordering for restitution of conjugal rights, the present appeal is filed by the wife, after the institution of a petition by the respondent -husband for grant of a decree of divorce before the Family Court, Bangalore in MC No. 3507 of 2010. The marriage between the parties was solemnized on 5 -3 -1999 at Bangalore. In the marriage, they have a daughter by name Parmitha, who is now aged about 12 years and is in the care and custody of the appellant -mother.

(2.) THE parties have filed a compromise petition, which is signed by the appellant and the respondent. Parties are present before the court and admitted the execution of compromise petition. They have been identified by their respective advocates. As per the joint memo filed by the parties, in full and final settlement of the claim, the appellant and her minor daughter have agreed to receive a sum of Rs. 38.00 lakh from the respondent -husband within two and a half months from today in MC No. 3507 of 2010. Out of the said amount, the appellant has agreed to deposit a sum of Rs. 19.00 lakh in the name of her minor daughter in a nationalized bank till she attains the age of 21 years and the appellant is permitted to withdraw periodical interest accrued therein towards the maintenance of the daughter.

(3.) THE amount of Rs. 38.00 lakh is to be deposited in the Family Court, Bangalore in MC No. 3507 of 2010 and the family court shall make necessary arrangements for the deposit of the amount as stated above.