High Court set aside dismissed mutual consent divorce appeal. Parties filed compromise petition agreeing to divorce under Section 13B, one-time alimony of Rs.42 Lakhs paid, and full settlement of rights without further claims.
Impugned judgment decree set aside; decree for divorce passed based on compromise terms including one-time alimony of Rs.42 Lakhs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF APRIL, 2022
PRESENT
THE HON’BLE MR. JUSTICE ALOK ARADHE
AND
THE HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY
M.F.A.No.4545/2018
BETWEEN:
Sri Ramakrishna.M.N., S/o late H.S.Nanjundaiah, Aged about 58 years, Working in BSNL, R/at Door No.42, “Suswara”, 2nd Main, 3rd Cross, ‘H’ Block, Ramakrishna Nagara, Mysuru – 570 022.
… APPELLANT
(By Sri Venkataramana.K.S., Adv.)
AND:
Smt. Sujatha.H.J., W/o Ramakrishna.M.N., Aged about 60 years, D/o late Jeevendraiah.H.P., R/at Door No.24, “Sujivavali”, Block-I, Maduvana Housing Society, Srirampura 2nd Stage, Mysuru – 570 023.
… RESPONDENT
(By Sri Chandrashekar.M., Adv.)
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This miscellaneous first appeal is filed under Section 19(1) of the Family Court Act, read with Section 28(1) of the Hindu Marriage Act, 1955, against the judgment and decree dated 27.04.2018 passed in M.C.No.414/2015 on the file of the Principal Judge, Family Court, Mysuru, dismissing the petition filed under Section 13(1)(ia) & (ib) of the Hindu Marriage Act.
This appeal coming on for Final Hearing, this day, Alok Aradhe J., made the following:
JUDGMENT
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Act, 1955, by dissolving the marriage dated 08.10.1986 among the parties herein, which was registered before the Registrar of Marriages, Mysore City, on 09.10.1986.
(b) The respondent has agreed to receive her one time permanent alimony of a sum of Rs.42,00,000/- (Rupees Forty Two Lakhs only) towards her full and final settlement for the entire life time. For which the petitioner has agreed and has handed over a DD bearing No.580142 dated 07.04.2022, for a sum of Rs.42,00,000/- (Rupees Forty Two Lakhs only) in favour of the respondent herein drawn on State Bank of India, Aravinda Nagar Branch, Mysore, payable at Mysore. The respondent acknowledges the receipt of her permanent alimony from the petitioner without there being any objections whatsoever to the grant of a decree of divorce with mutual consent under Section 13B of the Hindu Marriage Act, 1955.
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rights against each other in respect of movable or immovable belongings of the parties herein and further agree that the movable or immovable properties which are standing in their names will remain their own and they can dispose on their own. Either party can have no right to claim against the other.
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Sd/JUDGE
Sd/JUDGE
KK
2 issues framed by the court
Whether to set aside the dismissal of mutual consent divorce petition and grant decree based on filed compromise.
Whether parties entered into compromise voluntarily without coercion.
2 provisions across 2 enactments
Sri Ramakrishna.M.N.
Smt. Sujatha.H.J.
Alok Aradhe
S.Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
