MRS. MYTHILY MAHESH vs. MR. MAHESH KUMAR MUDRADI

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF AUGUST, 2021 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No. 6918 OF 2020 (GM-FC) BETWEEN : MRS. MYTHILY MAHESH AGED ABOUT 33 YEARS W/O MAHESH KUMAR MUDRADI D/O VISHWESHWARA MAIYA R/AT NO.8, C BLOCK INCOME TAX COLONY INFANTRY ROAD BENGALURU-560 001 AND ALSO AT NO.17 TREESTUMP ROAD TAKANINI, AUCKLAND-2112, NZ

…PETITIONER (BY SHRI. RAJAGOPALA NAIDU, ADVOCATE) AND : MR. MAHESH KUMAR MUDRADI AGED ABOUT 39 YEARS S/O VENKAT RAO R/AT NO.43B, WELLAND WAY BEECHBORO, WESTERN AUSTRALIA POST CODE-6063

…RESPONDENT (BY SHRI.ADARSH GANGAL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS DATED 21.12.2019 DISMISSING IA FILED UNDER SECTION 12 OF GUARDIANS AND WARDS ACT BY THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU CITY IN G AND WC NO.82/2017 REFUSING TO ACCORD PERMISSION TO TAKE THE MINOR CHILD WITH THE PETITIONER AS PER

2 ANNEXURE-A AND TO CALL FOR RECORDS FROM THE TRIAL COURT BY ALLOWING THE APPLICATION OF THE PETITIONER AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH VIDEO CONFERENCE, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER Shri Rajagopala Naidu, learned advocate for the petitioner and Shri Adarsh Gangal, learned advocate for the respondent jointly submit that parties have settled the dispute and filed joint memo dated 05.08.2021 and pray that the matter may be disposed of in terms of the joint memo. 2. Joint memo dated 05.08.2021 reads as follows; "JOINT MEMO

The petitioner and respondent above named humbly submit as follows: 1. The marriage of petitioner and respondent was solemnized on 24 August 2009 in Bengaluru, India. After marriage, they lived together in Perth, Australia. In their marriage, a male child "Manvith Mudradi' alias 'Manvith Kumar Mudradi' was born on 27 September 2014 in Bengaluru, India. The petitioner/Mythily Mahesh filed case file no.(P)PTW 1997/2016 in the Family/Magistrate Court of Western Australia, Perth against respondent/Mahesh Kumar Mudradi and certain orders were passed therein. The respondent herein/Mahesh Kumar Mudradi filed case File

3 no.(P)PTW 7615/2016 against petitioner/Mythily Mahesh and by order dated 23.03.2017, the Family Court of Western Australia, Perth has dissolved their aforesaid marriage with effect from 24.04.2017. 2. The petitioner viz., Mythily Mahesh has filed following three cases against respondent viz., Mahesh Mudradi: 1) MC No.1375/2017, 2) G & WC No.82/2017 and 3) Cr.Misc.No.149/2017 and these cases are now pending in the Court of 5th Additional Principal family Judge, Bengaluru, India and same are duly contested by the respondent. 3. Pursuant to advice of their respective relatives and well-wishers, the parties have decided to amicably resolve the disputes between them in the aforesaid three cases as follows: I. In case MC No.1375/2017, the parties will co-operate with each other and do needful for petitioner/ Mythily Mahesh to concede, admit and confirm the Divorce Order dated 23 March 2017 passed by the Family Court of Western Australia, at Perth, Australia, in the case File No.(P)PTW 7615/2016 filed by Mahesh Kumar Mudradi against Mythily Mahesh, wherein the said court has dissolved their aforesaid marriage with effect from 24.04.2017. II. In case G & WC No.82/2017, parties will co-operate with each other and obtain a Judgment and Decree agreeing that III. The custody of child 'Manvith Mudradi' born on 27 September 2014 in Bengaluru, India, shall be with the petitioner viz., Mythily Mahesh;

4 IV. The respondent/Mahesh Kumar Mudradi shall make a Fixed Deposit of Rs.5,00,000/- (Rupees Five Lakh only) in the name of 'Manvith Mudradi' in the Bank at Bengaluru, India, with respondent as his guardian. This Fixed Deposit shall be maintained till 'Manvith Mudradi' attains age of majority. However, the petitioner / Mythily Mahesh may withdraw the interest for use towards maintenance expenses of 'Manvith Mudradi' or let said Fixed Deposit accumulate interest; and in addition to above; V. The respondent / Mahesh Kumar Mudradi has opened My ASB account in Australia for beneficiary "Manvith Kumar Mudradi' alias 'Manvith Mudradi' fro Manvith Mudradi's University education. At present, the said account has balance of over Australian $4,628/- and the respondent would continue to deposit Australian Two Hundred and Fifty Dollars (Australian $250) per month in said account. The amount in this My ASG account shall not be withdrawn either by the petitioner or respondent, and same shall continue to accumulate till Manvith Kumar Mudradi' attains the age of majority and it may be withdrawn by 'Manvith Mudradi' for use towards his University education; VI. The respondent viz., Mahesh Kumar Mudradi is not entitled to any visitation rights; VII. The petitioner and respondent at all times shall endeavour to act in the best interests of Manvith Mudradi; VIII. After the petitioner herein obtains full custody of child 'Manvith Mudradi' and the child maintenance given by respondent as agreed by parties in these proceedings, if the petitioner / Mythily Mahesh seeks any kind of additional/alternative maintenance/support for the child

5 from the respondent in a different jurisdiction (Court/Tribunal/Authority etc.) or even before this Hon'ble Court or Family Court, Bengaluru, then respondent can challenge the custody of the child 'Manvith Mudradi' given to petitioner and seek either joint custody or full custody of the child 'Manvith Mudradi', as the case maybe. IX. As both petitioner and respondent are well educated and gainfully employed in New Zealand and Australia respectively and are capable of maintaining themselves independently, and also in view of the aforesaid custody, maintenance and visitation rights settlement, the case Crl. Mis. No. 149/2017 does not survive and the same shall be withdrawn by the petitioner as not pressed. 4. After disposal of the aforesaid three cases as agreed herein, if any party or both parties feel necessity to vary the terms of maintenance, custody and/or visitation rights, etc., they may do so either by approaching the jurisdictional court or also if same is mutually agreed in writing and signed by both parties. Any such change/modification shall be made for benefit of 'Manvith Mudradi' alias 'Manvith Kumar Mudradi' only. 5. The petitioner and respondent do not have any claim whatsoever against each other at present and in the future. 6. The petitioner and respondent have filed the above Joint-Memo voluntarily and there is no coercion, collusion, connivance, undue influence etc. in entering into this settlement. 7. The parties admit that save as agreed hereinabove, they shall not interfere in the lives of each other in future.

6 8. The undersigned are duly instructed by their respective clients/parties to sign and file this Joint Memo and same may be accepted as per guidelines laid down by order dated 10th July 2020 in writ petition W.P. No. 7338/2020 by the Hon'ble High Court of Karnataka, Bengaluru in the interests of justice. WHEREFORE, the petitioner and respondent above named pray that this Hon'ble Court may record the terms of this Joint-memo and dispose of the above petition in the interests of justice." 3. In the circumstance, this writ petition is disposed of in terms of aforesaid Joint Memo filed by the parties.

No costs. Sd/- JUDGE AV