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Judgment
Mr. N.K. Patil, J. - This appeal is by the appellant-wife being aggrieved by the impugned judgment and decree dated 25th April, 2014 passed in M.C. No. 206 of 2013 on the file of Principal Judge, Family Court, Kolar, wherein the petition filed by the appellant under Section 25(2) of Hindu Marriage Act, 1955 seeking fixed maintenance of Rs. 20,000/- p.m. was allowed, directing the respondent to pay enhanced maintenance of Rs. 5,000/- per month from date of petition till his retirement, in addition to Rs. 5,000/- he is already paying towards maintenance.
We have heard the learned Counsel appearing for the appellant and learned Counsel appearing for the respondent.
During the course of the submission, they have filed compromise petition dated 15-2-2016, under Order 23, Rule 3 of Code of Civil Procedure, 1908, duly signed by the appellant and the respondent and attested by their respective Counsel. The same is taken on record.
The statements made in the compromise petition dated 15-2-2016 read thus:
"At the intervention of family relatives and well-wishers of parties to the above appeal, they have resolved their dispute involved in the above appeal amicably under the following:
That appellant is the divorced wife of respondent and their marriage was dissolved by a decree of divorce dated 10-7-1998 passed by Principal Civil Judge and Chief Judicial Magistrate, Kolar in M.C. No. 16 of 1993 and the same was confirmed by the Hon''ble High Court of Karnataka in M.F.A. No. 4048 of 1998 by its judgment and decree dated 11-4-2.003.
The Hon''ble High Court of Karnataka, while disposing off the said M.F.A. No. 4048 of 1998 by exercising the powers under Section 25(1) of Hindu Marriage Act, 1955, has directed the respondent to pay Rs. 5,000/- per month as permanent alimony to the appellant and accordingly, the same was complied by the respondent.
Appellant has filed M.C. No. 206 of 2013 under Section 25(2) of H.M. Act, seeking enhancement of permanent alimony granted by the Hon''ble High Court in M.F.A. No. 4048 of 1998 and the same was partly allowed by its order dated 25-4-2014, which impugned in the above appeal.
Respondent has now come forward to settle the claim of appellant and he has agreed to pay lump-sum amount as one time settlement with regard to permanent alimony to the appellant and that appellant has agreed for the same and in view of the said settlement, respondent has paid Rs. 10,00,000/- (Rupees Ten lakhs only) to the appellant as one time settlement of permanent alimony through a cheque No. 323539, dated 23-2-2016 drawn on Indian Bank, Judicial Layout, Bengaluru 65, in favour of appellant and that the appellant has received and acknowledged the same as one time settlement with regard to permanent alimony.
In view of the receipt of the said sum, appellant has given up her right accrued to her as per judgment dated 11-4-2003 passed by Hon''ble High Court of Karnataka in MFA No. 4048 of 1998.
Wherefore, the parties to the above appeal pray that this Hon''ble Court may be pleased to dispose off the above appeal in terms of this said compromise petition in the interest of justice and equity."
The instant appeal stands disposed of as per the terms and conditions of the compromise petition, as extracted above, in the interest of justice. Ordered accordingly.