Spouses’ compromise fixing permanent alimony and confirming the divorce decree is accepted.

The Family Court dissolved the parties’ marriage by decree dated 5 August 2023 and directed the husband to pay the wife ₹10 lakh as permanent alimony.

The wife appealed, seeking modification of the decree to grant permanent alimony.

During the appeal, the parties filed a compromise.

They agreed to total permanent alimony of ₹33 lakh, inclusive of the ₹10 lakh awarded by the Family Court; the compromise records a ₹10 lakh demand draft, a further payment of ₹13 lakh by 16 November 2026, and liberty for the wife to withdraw ₹10 lakh deposited before the Trial Court.

The compromise also addressed the wife’s and children’s future maintenance and property claims, the children’s custody with the wife, and withdrawal of pending cases.

1. Whether the parties’ compromise should be accepted and the appeal disposed of on its terms

2. Whether the wife should be permitted to withdraw the ₹10 lakh deposited by the husband before the Trial Court

The appeal was brought under Section 19(1) of the Family Courts Act, 1984.

The parties invoked Order XXIII Rule 3 of the Code of Civil Procedure, 1908, in their compromise petition, and referred to Section 13B of the Hindu Marriage Act, 1955, in its title.

The High Court did not set out or apply a separate substantive test under those provisions or rely on any precedent; it recorded that the parties understood the compromise, sought its acceptance, and had signed it voluntarily.

The Court noted that both parties and their counsel were present and that the compromise had been read over and explained to the parties in Kannada, which they understood.

The wife acknowledged receipt of the ₹10 lakh demand draft, and the Court recorded the agreed deadline for payment of the balance.

Having taken the compromise on record, the Court disposed of the appeal in accordance with the parties’ agreement rather than undertaking a separate determination of the merits of the alimony dispute.

It directed the Registry to draw the decree accordingly and permitted the wife to withdraw the ₹10 lakh deposited by the husband before the Trial Court.