Disposed

Shri.Ganesh S/O Shrikant Gundap v. Smt.Deepika W/O Ganesh Gundap

Karnataka HC17 Dec 2019MFA/101091/2019

Case brief

AI extract

What is this about?

This is an appeal against the dismissal of a petition for dissolution of marriage. The parties filed a memorandum of agreement reached through mediation detailing divorce terms, alimony, child custody, and property settlement. The court accepted the agreement and disposed of the appeal accordingly.

What did the court decide?

The appeal was disposed of in terms of the settlement agreement reached by the parties regarding separation, alimony, child custody, and withdrawal of other proceedings.

Shri.Ganesh S/O Shrikant Gundap Vs… — Child Custody and Guardianship | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 17^TH DAY OF DECEMBER, 2019

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PRESENT

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THE HON’BLE MR. JUSTICE P.B.BAJANTHRI

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AND

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THE HON’BLE MR. JUSTICE NATARAJ RANGASWAMY

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M.F.A.No.101091/2019 (FC)

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BETWEEN:

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SHRI.GANESH S/O SHRIKANT GUNDAP, AGE 34 YEARS, OCC: TEA-POWDER SALESMAN, R/O HOUSE NO.2418/19, KAMAT GALLI, BELAGAVI. ... APPELLANT

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(BY SMT.PRAFULLA S.NAIK, ADVOCATE)

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AND:

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SMT.DEEPIKA W/O GANESH GUNDAP, AGE: 25 YEARS, OCC: PVT SERVICE/DOCTOR, R/O HOUSE, NO. 672/81, KHANAPUR ROAD, SUBHASH CHANDRA NAGAR, BELAGAVI. ... RESPONDENT

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(BY SRI.RAMESH N.MISALE, ADVOCATE)

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THIS APPEAL IS FILED U/S.19(1) OF THE FAMILY COURT ACT, AGAINST THE JUDGEMENT AND DECREE DATED:19.02.2019, PASSED IN MATRIMONIAL CASE NO.287/2016 ON THE FILE OF THE JUDGE FAMILY COURT, BELAGAVI, DISMISSING THE PETITION FILED U/SEC. 13(1)(i-a)(i-b) OF THE HINDU MARRIAGE ACT, 1955 AND ETC.,

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THIS APPEAL COMING ON FOR ORDERS, THIS DAY, P.B.BAJANTHRI J., DELIVERED THE FOLLOWING:

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JUDGMENT

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Both the parties are present before the Court.

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The appellant filed a petition under Section

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13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955, in M.C.No.287/2016 on the file of the Judge Family Court, Belagavi, which came to be dismissed on 19.02.2019. Feeling aggrieved by the said judgment, the appellant has has presented this appeal.

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During pendency of the present appeal, today the parties have filed a memorandum of agreement under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007. Terms of the agreement reads as under:

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“ I. The parties above named beg to submit as follows:

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The aforesaid Appeal was referred to mediation for resolving the dispute, between the parties. In the course

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of mediation, they have resolved their dispute and have agreed to the following terms and conditions:-

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I. The parties above named beg to submit as follows;

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The aforesaid M.F.A No.101091/2019 and RPFC No.100003/2017, pending before this Hon’ble Court were referred to mediation for resolving the dispute, between the parties. In the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions:-

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The appellant in M.F.A No.101091/2019, being aggrieved by the Order passed by the learned Judge, Family Court, Belagavi in M.C.No.287/2016 under section 13(1)(ia)and (ib) of Hindu Marriage Act, 1955, dated 19/02/2019 dismissing his petition for dissolution of marriage, has preferred the appeal against respondent. Similarly, the respondent being aggrieved by the Order passed in Crl.Mis.No.329/2014, dated 02-12-2016 by the learned Judge, Family Court, Belagavi, for inadequate award of maintenance to her and their daughter Kumari.Arohi, has filed RPFC No.100003/2017 against the Appellant. For the sake of convenience, the parties hereto are referred by their status in the M.F.A No.101091/2019, wherein appellant is he husband and wife is the respondent.

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1. The aforesaid cases were referred to mediation for resolving the dispute between the parties. In the course of

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mediation they have resolved their dispute and have agreed to the following terms and conditions.

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2. Appellant and respondent’s marriage was solemnized on 08/04/2012 at Maratha Mandir Belagavi before elders of the family and from this wedlock a daughter, Kumari. ‘Arohi” is born on 18/11/2013.

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3. Due to irreconcilable differences and incompatibility of temperaments, the Appellant and respondent have been living separately since 5 ½ years after their marriage. The efforts made by the elders, friends and well wishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of reunion amongst them. Hence the Appellant and respondent have decided to get the marriage between them be dissolved by a decree of divorce. The Appellant and respondent have agreed that, their marriage is irretrievably broken down and there are no chances of reunion to lead a married life. Therefore, both the Appellant and the respondent have arrived at an amicable settlement to resolve all outstanding issues in the following manner.

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4. That, as per the terms of settlement, the appellant has given Rs.25,00,000/-(Rupees Twenty Five Lakhs only) to the respondent as permanent alimony vide DD No.021201 dated 09.12.2019 drawn on IDBI Bank, Belagavi and drawn in favor of the respondent in her maiden name.

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5. That, out of this amounts, the respondent hereby agrees to keep Rs.15,00,000/- (Rupees Fifteen Lakh Only) as Fixed Deposit in the Joint Account to be opened in her name and the name of Kumari Arohi D/o. Ganesh Gundap. The fixed deposit shall continue to be in force till Kumari. Arohi attains majority. The respondent shall be entitled to receive the interest accrued thereon, from time to time, for the maintenance of herself and Kumari. Arohi. She has also agreed to take care of the normal educational expenditure of Kumari.Arohi till she attains majority.

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6. After Kumari. Arohi attains majority, the appellant shall take care of her maintenance and educational expenditure, depending upon his financial status and capacity, till she gets married. It shall also be his responsibility to take care of her marriage and its expenses.

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7. The appellant has handed over Gold and Silver Ornaments belonging to the respondent as per the separate list enclosed here with, except her Ear Rings and Mohan Mala which he claimed to be not available for returning. The Appellant admits that both Ear Rings and Mohan Mala together weighed 6(Six) tolas and conveyed his readiness to give equivalent gold of 6(Six) tolas within a period of 6 months from the date of execution of this Compromise Petition.

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8. The respondent agreed that both Ear Rings and Mohan Mala weighed 6(Six) tolas only and agreed further to extend the period of 6 months for the respondent to return said Gold of 6 (Six)tolas. The respondent has volunteered to give the said Gold of 6(Six) tolas as her gift to Kumari. Arohi. Therefore, it is agreed by both the parties that the appellant shall purchase the Gold Bond of 6(Six) tolas Gold in the name of Kumari. Arohi D/o.Ganesh Gundap, who shall be represented by the respondent as her minor mother guardian. Kumari. Arohi shall be at liberty to use and enjoy the said Gold of 6(Six) tolas as her own property after she attains majority.

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9. The Custody of the child Kumari. Arohi is now with the respondent and she will remain in the custody of the respondent till her majority and appellant has agreed for the same.

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10. That, the appellant has handed over all the available gift articles given to the respondent by her parents and others. The Respondent undertakes not to claim the missing articles here in after.

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11. That, the Appellant has handed over all the sarees and dress materials of the respondent and the respondent received the same.

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12. That, the Respondent has agreed to withdraw, Domestic Violence Petition Crl.Misc.No.244/2015 pending before the J.M.F.C II Court, Belagavi; Dowry harassment Case Crl Misc.No.279/2015 pending before J.M.F.C II

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Court, Belagavi; Crl.Misc.No.452/2019 pending before the Hon’ble Judge, Family Court, Belagavi and the appellant has paid Rs.1,10,000/-(Rupees One Lakh Ten Thousand only) towards the entire arrears of maintenance amount in Crl.Misc.No.452/2019 through IDBI Bank, Belagavi and its DD No.021199 dated 9/12/2019 today to the respondent.

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13. That the Respondent has agreed to withdraw the R.P.F.C No.100003/2017(FC) for enhancement of maintenance amount, W.P.No.106968/2015 against interim maintenance order in Crl.Misc.No.329/2015 and W.P.No.106770/2016 for fresh enquiry CC No.279/2015 pending in II JMFC, Belagavi which are pending before the Hon’ble High Court of Karnataka Dharwad Bench on the respective dates of hearing.

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14. That, both the parties’ state that except these cases there are no other cases pending against each other.

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15. That, both the parties hereby withdraw all the allegations made against each other expressly or orally. The parties hereby agreed that, they have no further claims of whatsoever against each other including claims over any movable or immovable properties.

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16. That, both the parties admit that they shall not interfere in each other’s lives and also in their respective children’s life for any reasons of whatsoever in future.

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17. In view of the aforesaid agreement entered into between the parties, the parties pray that, this court be pleased to dissolve the marriage solemnized on 08/04/2012 at Maratha Mandir, Belagavi and decree the same in the interest of justice.

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18. Both the parties have agreed that in future they will not meddle in the personal life of each other and together even in social media.

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II. In view of the aforesaid agreement entered into between the parties, the parties pray that the appeal be disposed of, in terms of the aforesaid agreement. III. Parties will appear on 17.12.2019 at 2.30 p.m. before the Hon’ble Court for passing Orders/Decree in terms of the above said agreement.

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Sd/Sd/Appellant Respondent

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Sd/Sd/Advocate for Advocate for Appellant Respondent

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VERIFICATION

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We, the parties above named, do hereby solemnly state and declare that what is contained in Paragraphs No. I to III (Sl.No.01 to 18) are true to the best of our knowledge, information and belief.

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Sd/Appellant Place: Dharwad Dated: 17/12/2019

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Sd/Respondent

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The appellant has handed over two demand drafts drawn on IDBI Bank to the respondentSmt.Deepika for a sum of Rs.1,10,000/(bearing No.021199) towards arrears of maintenance and a sum of Rs.25,00,000/- (bearing No.021201) towards permanent alimony. In view of settlement among the parties, this appeal stands disposed of in terms of the agreement extracted above.

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(Sd/-) JUDGE

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(Sd/-) JUDGE

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Jm/-

Shri.Ganesh S/O Shrikant Gundap v. Smt.Deepika W/O Ganesh Gundap

Case brief

What is this about?

What did the court decide?

Shri.Ganesh S/O Shrikant Gundap v. Smt.Deepika W/O Ganesh Gundap

Case brief

What is this about?

What did the court decide?

What the court decided

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