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Judgments of Supreme Court of India and High Courts

Smt Rachana Kapur vs Vikrant Gupta on 27 April, 2018

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 27th DAY OF APRIL 2018

BEFORE

THE HON’BLE Dr.JUSTICE VINEET KOTHARI

WRIT PETITION Nos.60258/2016
61750/2016 (GM-FC)

BETWEEN:

SMT. RACHANA KAPUR
W/O VIKRANT GUPTA
AGE 40 YEARS, OCC: SERVICE
ADD:- NO A – 4
SHRADDHA GOLF LINKS
4TH CROSS, RUSTAM BAGH
BANGALORE – 12.
… PETITIONER
(By Ms. ROSA PARAMEL, ADV.,)

AND:

VIKRANT GUPTA
S/O VIJAY GUPTA, AGE 40 YEARS
OCC: SERVICE, ADD NO E- 9/2
VIJAY KIRAN APARTMENTS
NO 32, VICTORIA ROAD
BENGALURU – 47.
… RESPONDENT
(By Mr. RAHUL CARIAPPA, ADV., FOR C/RESPONDENT)

THESE W.Ps. ARE FILED UNDER ARTICLES 226 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDERS
DTD:19.10.2016 PASSED BY THE LEARNED PRINCIPLE FAMILY
COURT AT BANGALORE IN G WC NO.277/2015[I A 2 3]
PRODUCED AT ANNEXURE-G] ETC.

THESE W.Ps. COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-
Date of Order 27-04-2018 W.P.Nos.60258/2016 61750/2016
Smt. Rachana Kapur Vs. Vikrant Gupta

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ORDER

Ms. Rosa Paramel, Adv. for Petitioner
Mr. Rahul Cariappa, Adv. for C/Respondent

1. Both the learned counsels have submitted

before the Court that the matter has been settled

amicably between the parties out of Court and they are

filing a Memo of Settlement dated 27.04.2018 to this

effect, duly signed by both the parties, who are also

present in the Court.

2. The said Memo of Settlement dated

27.04.2018 is taken on record and the same reads as

under:-

“MEMORANDUM OF SETTLEMENT

1. The Petitioner had filed the aforesaid Writ
Petition to quash the order dated 19-10-2015
passed by the Principal Family Court at
Bangalore in G and WC No. 277/2015 (I.A No. 2
3).

Date of Order 27-04-2018 W.P.Nos.60258/2016 61750/2016
Smt. Rachana Kapur Vs. Vikrant Gupta

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a. The Petitioner and the Respondent are Hindus
and their marriage was solemnised on
12.12.2001 at Hotel Capitol as per the Hindu
rites and customs The Petitioner and the
Respondent have two sons (twins) out of the said
wedlock namely Vivaan and Arhan Gupta born
on 15th October 2005.

b. The Petitioner has filed a Petition Under Section
9 of the Hindu Marriage Act 1955 in MC No
4375/2015, the same is Pending before the
Hon`ble Family Court and a Petition Under
Section 12 of the Domestic Violence Act in C. Misc
No. 163/2017 before the 1st MMTC at Bangalore
and the same is pending before the Hon`ble
Court.

c. The Respondent has filed Petition Under
Section 7(1)(b), 8(a) and 9(1) and 10 of the
Guardian and wards Act 1890 read with Section
7(1)(g) of the Family courts act in G WC No.
277/2015 and Petition Under Section 13 (1) (ia) of
the Hindu Marriage Act in MC No 2970/2017,
the sam are pending before the Family Court.

d. The Petitioner and the Respondent are joint
owners of flat bearing No. A-4 Shradha Golf Link,
Date of Order 27-04-2018 W.P.Nos.60258/2016 61750/2016
Smt. Rachana Kapur Vs. Vikrant Gupta

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4th Cross Rustom Bagh, Bengaluru -560017
purchased on 3rd June 2003 the Petitioner is
presently residing there.

e. The Petitioner and Respondent had entered
into an agreement to purchase a residential villa
consisting of Ground and first Floor in property
No. 54 Prestige Oasis, Doddaballapur.

II. The Petitioner and the Respondent along
with their respective counsels have resolved
their disputes by agreeing to the following
terms and conditions.

1) The Respondent agrees to execute a release
Deed in favour of the Petitioner of 50 % of his
share in Flat A4, Shraddha Golf Links, Rustam
Bagh Bangalore.

2) A residential villa consisting of Ground and
first Floor in property No. 54 Prestige Oasis,
Doddaballapur.

a. Petitioner shall give a letter in favour of the
Respondent to initiate proceedings to sell the
aforesaid property at the time of filing mutual
consent petition.

Date of Order 27-04-2018 W.P.Nos.60258/2016 61750/2016
Smt. Rachana Kapur Vs. Vikrant Gupta

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b. The Petitioner shall give an NOC to the
Respondent at the time of sale of the aforesaid
Property.

c. At the time the Petitioner gives the NOC to the
Respondent for sale of the aforesaid Property,
the Respondent will deposit a sum of Rs
50,00,000/- (Rupees Fifty Lakhs Only),into the
account of Petitioner being part of the Alimony.

d. Further the Respondent shall execute a release
deed, releasing his rights in Flat A4, Shraddha
Golf Links, Rustam Bagh Bangalore to the
Petitioner.

3) The Respondent shall transfer a sum of Rs
1,67,00,000/-(Rupees One Crore Sixty Seven
Lakhs Only) towards alimony of the Petitioner
into her account No 5279952806 Citi Bank, which
will be used by Petitioner towards the higher
education school fees of the minor children
Vivaan and Arhan Gupta as per the schedule
provided below:-

Date of Order 27-04-2018 W.P.Nos.60258/2016 61750/2016
Smt. Rachana Kapur Vs. Vikrant Gupta

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Amt Amt Towards Timing Mode
in INR
Lakhs
75 Higher education At the time of Draft
Corpus signing the
divorce
agreement
30 School Fees upto At the time of Draft
Class 12 signing the
divorce
agreement
12 Outstanding At the time of Cheque
Maintenance for filing for
RustamBagh and divorce
Upkeep of it
50 Rachna At the time of Draft
signing the
NOC (Amount
referenced in
point 2C)

4) The Respondent shall deposit the aforesaid
amount into the account strictly within 6 months.

5) The Respondent shall pay a Monthly
maintenance of Rs 1,50,000/- (One Lakh Fifty
Thousand Only) by the 7th of every month
towards monthly maintenance and extra-
curricular activities of the minor children Vivaan
and Arhan Gupta with an annual escalation of
6.0% until the minor children turn 25 yrs or are
gainfully employed whichever comes earlier.

6) Monthly maintenance will be paid to the minor
children Vivaan Gupta’s Bank account
Date of Order 27-04-2018 W.P.Nos.60258/2016 61750/2016
Smt. Rachana Kapur Vs. Vikrant Gupta

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No917010030223945 Axis Bank and Arhan
Gupta Bank Account No 917010030278466 Axis
Bank from the 7th of the month following the
filing of the Divorce petition.

7) Expenses towards Arhan Gupta and Vivaan
Gupta’s tennis for April 2018 fees will be
transferred to the Petitioners Citibank account
within 4 working days of Petitioner confirming the
amount via email.

8) The Minor Children Arhan and Vivaan’s
Gupta’s ‘PPF nomination to be transferred to
Petitioner in May 2018.

9) The minor children Arhan Gupta and Vivaan
Gupta are in the care and custody of the
Petitioner Mother and shall continue to be in the
sole custody of the petitioner in future for which
the Respondent/ Father has no objection.

10) The sole custody of both the minor children
Mr.Vivaan Gupta and Arhan Gupta shall be with
the Petitioner-Mother. However, after they
achieve the adulthood, subject to their willing
consent, they will be free to meet the Respondent-
Father Mr.Vikrant Gupta as per their convenience.
Date of Order 27-04-2018 W.P.Nos.60258/2016 61750/2016
Smt. Rachana Kapur Vs. Vikrant Gupta

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For the purpose of legal requirement of
upbringing of the children, the Petitioner-Mother
will be free to sign all the legal documents solely.

11) In the event that the Petitioner creates any
estate, assets, liabilities or property in the name
of the minor children, namely Arhan Gupta
Vivaan Gupta, she will be able to deal with all
matters related to the same as she deems fit in
the best interest of the children till the above
named children attain majority.

12) Petitioner will also be authorized to execute
any documents on behalf of the minor children to
enable the everyday well being and welfare of
the children.

13) VISITATION VACATION:-

a) Meeting between minor children Arhan and
Vivaan Gupta and the Respondent would be
allowed subject to the consent of the children, in
the presence of the mother to the extent of total 3
days in one calendar year.

b) If for any reason the minor children Arhan and
Vivaan Gupta are not agreeable for Visitation
vacation, there will be no bearing on the monthly
Date of Order 27-04-2018 W.P.Nos.60258/2016 61750/2016
Smt. Rachana Kapur Vs. Vikrant Gupta

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maintenance that has to be paid by Respondent
as per this settlement .

14) Respondent will include the minor children
Arhan and Vivaan Gupta in his Medical health
policy as done currently through insurance
provided by his company.

15) The Respondent shall withdraw the G WC
No. 277/2015 and MC No 2970/2017 before the
Family Court within six months of filing the
Mutual consent Petition.

16) The Petitioner shall withdraw the MC No
4375/2015 before the Family Court and C. Misc
No. 163/2017 before the 1st MMTC at Bangalore
within six month of filing the Mutual Consent
Petition.

17) Mutual Consent petition under Section 13B
shall be filed on or before the 28th of April 2018.

18) The Petitioner shall have no claim on any
other present or future assets of the Respondent
beyond this Memorandum of Settlement Divorce
petition.

Date of Order 27-04-2018 W.P.Nos.60258/2016 61750/2016
Smt. Rachana Kapur Vs. Vikrant Gupta

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19) The Respondent shall have no claim on any
other present or future assets of the Petitioner
beyond this Memorandum of Settlement.

20) Beyond the agreed amounts terms in this
Memorandum of Settlement there are no other
claims that are outstanding between the
concerned parties”.

3. In terms of the above, the present writ petition

accordingly is disposed of. No costs.

Sd/-

JUDGE

Srl.

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