JAHNAVI MISHRA W/O. ANUJ MISHRA Vs. STATE OF KARNATAKA BY ITS HOME SECRETARY AND OTHERS

JUDGEMENT

(1.) THE Petitioner alleges that her husband 4th Respondent namely Anuj Mishra has illagely detained her child namely, Master Gourav Mishra (detenue). This Court after noticing several differences and also observing inclination of detenue towards his father had referred the parties to the Counselling Center. After several rounds of counselling, the parties have surrived at a sattlement and they have filed a joint memo reading as hereunder: The fourth Respondent in the above proceedings is the contesting Respondent The petition arises out of a family dispute between the Petitioner and: the fourth Respondent who is the husband of the Petitioner With the intervention of well -wishes and relatives, the parties have agreed to settle the entire dispute, including the custody of the minor child Master Gaurav Mishra, under the following terms and conditions: 1. The Petitioner and the fourth Respondent have agreed to file a consent divorce petition under Section 13 -B of the Hindu Marriage Act, 1955 before the Family Court at Bangalore seeking consent decree and divorce of their marriage dated 29.9.2006 and further seek dispensation of the waiting period of six months as contemplated under the Act in view of the complications involved in the matter. Both the parties agree that the said, petition shall be filed' on 19.8.2011.

(2.) BOTH the parties agree that the Petitioner shall withdraw all criminal and civil proceedings against fourth Respondents forthwith and shall not initiator any such proceedings against the fourth Respondent and/or any of his family members in future.

(3.) THE fourth Respondent Dr. Anuj Mishra shall make all endeavor to get an employment to the Petitioner at New Delhi at the earliest. If the Petitioner succeeds in getting an employment fetching and above Rs. 25,000.00 per month, then the fourth Respondent shall not be liable to make payment of the monthly maintenance of Rs. 25,000.00 and the monthly rental as agreed above. However if such an employment fetches anything less then Rs. 25,000.00, the difference in the amount shall be paid every month by the fourth Respondent to the Petitioner till such time she get an employment fetching minimum of Rs. 25,000.00 or above.