Partly allowed

Smt Bhagyashree S v. Sri Raghavendra C

Karnataka HC21 Oct 2022MFA/2707/2021

Case brief

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What is this about?

This court disposed of a first appeal filed assailing a Family Court decree dissolving a marriage by mutual consent. Relying on a joint affidavit showing an amicable settlement between parties, the High Court modified the impugned judgment and dismissed the appeal to set it aside.

What did the court decide?

The judgment and decree dated 11.09.2020 passed by the Family Court in M.C. No.2920/2018 is modified. The appeal is disposed of.

Smt Bhagyashree S Vs Sri Raghavendra C — Matrimonial and Divorce | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST DAY OF OCTOBER, 2022

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PRESENT

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THE HON’BLE MR. JUSTICE ALOK ARADHE

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AND

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THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY

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M.F.A. NO.2707/2021 (FC)

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BETWEEN:

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SMT. BHAGYASHREE S W/O RAGHAVENDRA C D/O MR. SUBRAMNYA P.C AGED 29 YEARS R/AT NO.008, BENAKA HOMES LIBERO APTS, SEENAPPA LAYOUT NEW BEL ROAD BANGALORE - 560 094.

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PRESENTLY RESIDING AT SHREE SADAN NEAR SYNDICATE BANK ALAKE, MANGALURU - 575 003. ...APPELLANT (BY SRI AZHAR MEER, ADV.)

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AND:

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SRI RAGHAVENDRA C S/O LATE MR. CHANDRASHEKARA RAO AGED ABOUT 37 YEARS R/AT NO.008, BENAKA HOMES LIBERO APTS, SENNAPPA LAYOUT NEW BEL ROAD BANGALORE - 560 094. ...RESPONDENT (BY MISS. RAKSHA KEERTHANA K, ADV., FOR SRI KEMPARAJU, ADV.)

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THIS M.F.A. IS FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT 1984, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 11.09.2020 PASSED IN M.C. NO.2920/2018 BY THE HON'BLE VTH ADDITIONAL PRINCIPAL JUDGE FAMILY COURT AT BENGALURU.

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THIS APPEAL COMING ON FOR ORDERS THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

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J U D G M E N T

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This miscellaneous first appeal has been filed assailing the judgment and decree dated 11.09.2020 passed by the Family Court in M.C.No.2920/2018, by which the petition filed by the respondent under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, has been allowed and the marriage between the parties has been dissolved.

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Learned Counsel for the parties while inviting the attention of this Court to the joint affidavit filed, submits that an amicable settlement has been arrived between the parties and the marriage between the parties solemnized on 19.10.2016 be dissolved. The terms of the comprise are as under:

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a) The appellants mutually agree that their marriage dated 19.10.2016 be dissolved by mutual consent without any allegations or ill-will against each other.

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b) The appellants mutually agree that they have no claims of maintenance, alimony, return of movable properties, shares or liabilities in immovable properties, etc., against each other and all claims of whatsoever nature are hereby waived by the appellants.

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c) In view of the amicable settlement arrived at herein, the First appellant agrees to withdraw Crl. Misc. No.122/2018 pending before the Hon'ble Metropolitan Magistrate Traffic Court - IV, Nrupathunga Road, Bangalore, and render her co-operation in the closure of proceedings in C.C.No.34147/2018 pending before the Hon'ble VIII Additional Chief Metropolitan Magistrate, Bangalore, which is subject matter of Crl.P.No.5471/2022 pending before the Hon'ble High Court of Karnataka.

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In view of the compromise arrived at between the parties, the judgment and decree dated 11.09.2020

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passed by the Family Court in M.C.No.2920/2018 is modified. The appeal is accordingly disposed of.

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Sd/JUDGE

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Sd/JUDGE KK

Smt Bhagyashree S v. Sri Raghavendra C

Case brief

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Smt Bhagyashree S v. Sri Raghavendra C

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