Disposed

Smt. Swetha W/O G.B. Ganesh v. Sri. G.B. Ganesh

Karnataka HC18 Dec 2019MFA/103394/2017

Case brief

AI extract

What is this about?

The High Court disposed of an appeal filed under the Family Court Act against a divorce decree. Upon a compromise petition filed during the appeal, the court allowed the dissolution of marriage, alimony payment, and withdrawal of allegations, declaring the appeal further consideration unnecessary.

What did the court decide?

The appeal was disposed of based on the compromise terms; dissolution of marriage was upheld; alimony was paid; allegations were withdrawn.

Smt. Swetha W/O G.B. Ganesh Vs Sri. G.B. Ganesh — Maintenance and Alimony | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 18^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.103394/2017 (FC)

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BETWEEN:

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SMT. SWETHA W/O G.B. GANESH, D/O VINAYAKA MAHADEVAPPA CHOLCHGUDA, AGE:29 YEARS, OCC:HOUSE WIFE, R/O VADDARAHATTI CAMP @ VASSARATTI, GANGAVATHI TALUK, KOPPAL DISTRICT-583235.

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SRI. VINAYAKA MAHADEVAPPA CHOLCHAGUDA, S/O LATE MAHADEVAPPA, AGE:MAJOR OCC:WORKING IN IRRIGATION DEPT. R/O VADDARHATTI CAMP @ VASSARATTI, GANGAVATHI TALUK, KOPPAL DISTRICT-583235. ... APPELLANTS

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(BY SRI.SHIVARAJ HIREMATH, ADVOCATE)

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AND:

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SRI. G.B. GANESH, S/O G.B. SAMBA MURTHY, AGE: 36 YEARS, OCC:UN-EMPLOYED (ALLEGED), R/O DOOR NO.9, WARD NO.14, MULLANGI SANJEEVAPPA STREET, BRUCEPET, BALLARI-583101. ... RESPONDENT

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(BY SRI.R.H.ANGADI, ADVOCATE)

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THIS APPEAL IS FILED UNDER SECTION 19 (1) OF THE FAMILY COURT ACT, 1984, AGAINST THE JUDGMENT AND DECREE DATED 13.03.2017 PASSED IN M.C.No.187/2013 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, BALLARI, ALLOWING THE PETITION FILED UNDER SECTIONS 12 AND 13 (iii) OF THE HINDU MARRIAGE ACT, 1955.

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

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JUDGMENT

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The appellants have questioned the validity of the judgment passed in M.C.No.187/2013 dated 13.03.2017

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on the file of the Principal Judge, Family Court, at Ballari, whereby the respondent’s petition filed under Section 12 and 13 (iii) of the Hindu Marriage Act, 1955, was allowed.

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During the pendency of the present appeal, both the parties have filed compromise petition under Order 23 Rule 3 of the Code of Civil Procedure, dated 18.12.2019. The terms of the compromise petition reads as under:

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“ It is respectfully submitted as follows:

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On the advise of the elders and well wishers, the parties to the above appeal settled their dispute amicably

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out of Court on the following terms and conditions on today:

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1. That the respondent has agreed to pay a sum of Rs.2,09,000/- (Rupees Two Lakh Nine Thousands only) towards permanent alimony to the Appellant No.1 and the same has to be paid before this Hon’ble Court today vide D.D.No.594579, dated:19-11-2019 issued by Indian Bank, Ballari and the Appellant No.1 admitted and acknowledged that she has received the same. Consequently, from this day onwards the Appellant No.1 is not entitled to claim any maintenance from the Respondent in future.

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2. That parties are hereby agreed and undertakes to withdraw all the legal proceedings filed and pending against each other. Accordingly Appellant No.1 has agreed that she will not enforce the order dated 26-062015 passed in Criminal Misc.No.245/2011 by the Hon’ble Principal Civil Judge & JMFC, Gangavathi and will not claim any maintenance based upon that order.

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3. That parties herein are withdrawing their respective allegations made against each other with respect to their character, mental status in proceedings of Mat.C.No.187/2013. Further the Respondent also agreed to withdraw all of his allegations made in his petition Mat.C.No.187/2013 against Appellant No.1 and 2 about suppression of fact and fraud is concerned.

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4. The parties herein are agreed that the marriage solemnized between the Appellant No.1 and the Respondent on 3-12-2008 at Neelakanteshwara Temple, Kalyana Mantapa at Gangavathi town, Koppal District, shall be dissolved. Consequently from this day onwards the Appellant No.1 and Respondent will not be entitled to claim any rights, liabilities and interest of any kind over each other’s property and estate.

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5. The parties herein have agreed, admitted and acknowledged that they have received all the things, articles and belongings of each other which are presented to them at the time of marriage. Accordingly, Respondent G.B.Ganesh hand over the Golden Ring weighing 5.560 gms and Golden Chaplahar weighing 15.380 gms to the Appellant Shweta before this Hon’ble Court today and Appellant Shweta acknowledged the same.

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6. The Respondent G.B.Ganesh further undertakes to hand over original Academic records such as SSLC Marks Card and NTC Certificates, to the Appellant Shweta within 7 days immediately after recording this compromise without fail.

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7. Today the parties have put their signature to this compromise voluntarily, without any force, influence or coercion by agreeing/admitting the contents/terms of the compromise as true and correct.

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8. Therefore, in view of the settlement, it is prayed that the Hon’ble Court may be pleased to dispose of the

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above appeal in terms of the compromise without order as to cost, which would meet the ends of justice and equity.

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Sd/(Smt.Swetha) Appellant No.1.

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Sd/(Vinayaka Mahadevappa Cholchagudda) Appellant No.2 Sd/V.Shivaraj Hiremath Advocate for appellants Sd/Sd/(G.B.Ganesh) R.H.Angadi Respondent Advocate for respondent

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Date:18-12-2019 Place:Dharwad.

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3. In view of the compromise entered into

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between the parties, the present appeal does not survives

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for consideration. Accordingly, appeal stands disposed of.

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(Sd/-) JUDGE

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(Sd/-) JUDGE

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Jm/-

Smt. Swetha W/O G.B. Ganesh v. Sri. G.B. Ganesh

Case brief

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What did the court decide?

Smt. Swetha W/O G.B. Ganesh v. Sri. G.B. Ganesh

Case brief

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What did the court decide?

What the court decided

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