Allowed

Suresh S/O Irappa Malagar v. Smt. Parvati W/O Suresh Malagar

Karnataka HC14 Jun 2017MFA/30345/2012

Case brief

AI extract

What is this about?

The High Court at Kalaburagi Bench disposed of an appeal by consent. The parties had settled their disputes regarding a mutual consent divorce petition and filed a compromise agreement. The court accepted the settlement and granted a decree dissolving the marriage by mutual consent under Section 13B of the Hindu Marriage Act, 1955.

What did the court decide?

Decree of divorce by mutual consent passed under Section 13B of the Hindu Marriage Act, 1955. Appeal dismissed.

Suresh S/O Irappa Malagar Vs Smt. Parvati W/O… — Matrimonial and Divorce | Karnataka HC (2017)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH

¶3

DATED THIS THE 14^TH DAY OF JUNE, 2017

¶4

PRESENT

¶5

THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA

¶6

AND

¶7

THE HON’BLE MR. JUSTICE B.A.PATIL

¶8

M.F.A.NO.30345/2012 (FC)

¶9

BETWEEN:

¶10

Suresh S/o Irappa Malagar Age: 37 years, Occ: Service in Military R/o Delhi, hailing from Kumathe village Tq. and Dist. Bijapur

¶11

…APPELLANT

¶12

(By Sri D.P.Ambekar, Advocate)

¶13

AND:

¶14

Smt. Parvati W/o Suresh Malagar Age: 29 years, Occ: Household R/o C/o Gadigeppa S/o Siddappa Bellundagi Behind RTO Office, Rajaji Nagar Bijapur

¶15

…RESPONDENT

¶16

(By Sri P.R.Kulkarni, Advocate)

¶17

¶18

This Miscellaneous First Appeal is filed under Section 19(1) of the Family Courts Act, praying to allow the appeal by setting aside the judgment and decree dated 11.01.2012 passed by the Family Court, Bijapur dismissing M.C.No.74/2011 and consequently allow the said M.C.No.74/2011 with costs.

¶19

This appeal coming on for hearing this day, Nagarathna J., delivered the following:

¶20

J U D G M E N T

¶21

The appellant in this appeal is the husband while the respondent is the wife. Appellant had filed M.C.No.74/2011 before the Family Court at Bijapur under Sections 13(1), (i-a) & (i-b) of the Hindu Marriage Act, 1955 (‘the Act’, for the sake of brevity), seeking dissolution of his marriage with the respondent. By judgment and decree dated 11.01.2012, the said petition has been dismissed. Respondent herein had contested the petition and had filed her statement of objections. Being aggrieved by

¶22

¶23

the dismissal of the petition, this appeal has been preferred.

¶24

During pendency of this appeal, on the initiative of the well-wishers and elders of the family, the parties have arrived at a negotiated settlement. The parties are before the Court. They submit that they have been residing separately for the last six years and both of them do not intend to live together as husband and wife that there is no possibility of continuing their marriage. Therefore, they submit that they wish to resolve the disputes between them by arriving at an amicable settlement. They further submit that they have withdrawn all allegations made against each other and that they now have agreed to withdraw all cases against each other and that the respondent has agreed to withdraw Cril.Misc.No.394/2010, on the file of the Family Court, Vijayapura, which is filed against the appellant herein.

¶25

¶26

That the appellant has paid a sum of Rs.6,50,000/towards full and final settlement of all claims of the respondent against the appellant. Respondent herein acknowledges the receipt of the said amount. The parties have further sought for dissolution of their marriage performed on 08.08.2007, by mutual consent and accordingly pass a decree.

¶27

The parties are identified by their respective counsel. The appellant and the respondent further submit that they have arrived at settlement on their own volition and without there being any force from any quarter. They pray that this court be pleased to pass a decree of divorce by mutual consent

¶28

on the basis of compromise or settlement arrived at between them.

¶29

In the above background, learned counsel

¶30

for respective parties have filed compromise petition

¶31

¶32

under Order XXIII Rule 3 Code of Civil Procedure read with Section 13B of the Act. Learned counsel further submit that the appellant-respondent jointly pray that the petition filed under Section 13(1), (i-a) & (i-b) of the Act, be converted to one under Section 13B of the said Act. In view of the Memo filed by the parties, the petition under Section 13(1)(i-a) & (i-b) of the Act, is converted to Section 13B of the Act. The Memo in that regard is signed by both parties and by their respective counsel.

¶33

“The terms of the compromise are as under:

¶34

That, on the advice of the elders and wellwishers of the appellant and the respondent, the appellant and respondent have amicably settled the matter on the following terms:

¶35

A. That the parties withdraw the allegation they have levelled against each other in M.C.No.74/2011 on file of the Family Court, Vijayapura.

¶36

¶37

B. The respondent agrees to withdraw Crl.Misc.No.394/2010 on the file of the Family Court, Vijayapura.

¶38

C. The Appellant has paid a sum of Rs.6,50,000/- (Six Lakhs Fifty Thousand) to the respondent by way of one time permanent alimony and in full and final settlement of all claims whatsoever which the respondent may have against the appellant. The respondent acknowledges the receipt of the said entire sum by cash from the appellant. The parties also undertakes not to put forth any claim whatsoever against each other and also withdraw all pending matters against each other.

¶39

D. Since the parties have been living separately from the last six years and the marriage has broken down irretrievably and there is no scope for them to lead marital life together, the parties have agreed to dissolve their marriage which was performed on 08.08.2007 by mutual consent, and the

¶40

¶41

parties pray that the Hon’ble court be pleased to pass a decree accordingly.

¶42

E. This settlement arrived at with full knowledge and consent of the parties. The parties fully understand the terms and their effect. This settlement is arrived at freely by both the parties and the same just and fair to both parties.

¶43

Wherefore, this Hon’ble court be pleased to allow a decree in the above said terms, in the interest of justice and equity.”

¶44

In the circumstances, compromise petition

¶45

and the Memo filed by the respective parties are taken on record. In view of the above, the dispute between the parties is settled. The marriage of the appellant with the respondent, which took place on 08.08.2007 stands dissolved by mutual consent.

¶46

¶47

6. The appeal is disposed of in terms of the

¶48

settlement arrived at between the parties and in

¶49

terms of Section 13B of the Act.

¶50

Office to draw up a decree accordingly.

¶51

Sd/JUDGE

¶52

Sd/JUDGE

¶53

sdu

Suresh S/O Irappa Malagar v. Smt. Parvati W/O Suresh Malagar

Case brief

What is this about?

What did the court decide?

Suresh S/O Irappa Malagar v. Smt. Parvati W/O Suresh Malagar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jeetendra Kumar Rajan Vs Dr. H.N Jagannatha Reddy

Smt.Uzma Roohi W/O Md. Ateek Ahmed D/O Akbar Ali Vs Iqbal Ahmed S/O Abdul Rehman

Mohammed Jeelani S/O Ruknuddin Vs the Special Land Acquisition Offcier and Anr.

Ladlesab S/O Maktumsab Sumbad Vs Director General and Ors.

Yallappa S/O Srirang Padwale and Ors. Vs Smt Jatinder Kaur W/O Premjeet Singh and Anr.

Maibubsab S/Jo Shalisab Bari Inamdar Vs Director General and Ros