Allowed

Shivanand Basayya Vibhootimath v. Smt. Pallavi @ Sangeeta W/O Shivanand Vibhootimath

Karnataka HC22 Sept 2023MFA/101967/2023

Case brief

AI extract

What is this about?

This Miscellaneous First Appeal was disposed of by endorsing a joint compromise petition. The High Court set aside the Trial Court judgment denying divorce relief and granted a decree of mutual consent divorce under Section 13(B) of the Hindu Marriage Act after confirming the receipt of agreed maintenance settlement.

What did the court decide?

The impugned judgment was set aside, the appeal was disposed of by the compromise petition, and a mutual consent decree of divorce was passed.

Shivanand Basayya Vibhootimath Vs Smt. Pallavi @… — Maintenance and Alimony | Karnataka HC (2023)

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1 - NC: 2023:KHC-D:11092-DB MFA No. 101967 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22^ND DAY OF SEPTEMBER, 2023

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PRESENT

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THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR

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AND

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THE HON'BLE MR JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 101967 OF 2023 (MC)

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BETWEEN:

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SHIVANAND BASAYYA VIBHOOTIMATH, AGE: 33 YEARS, OCC: COOLIE, R/O: M.K.HUBLI, TQ: BAILHONGAL, DIST: BELAGAVI-591118.

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…APPELLANT

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(BY SRI VITTHAL S. TELI, ADVOCATE)

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AND:

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ROHAN HADIMANI T

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Digitally signed by ROHAN HADIMANI T Date: 2023.09.29 11:08:55 +0530

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SMT. PALLAVI @ SANGEETA W/O. SHIVANAND VIBHOOTIMATH, AGE: 29 YEARS, OCC: HOUSEWIFE, R/O: M.K.HUBLI, TQ: BAILHONGAL, DIST: BELAGAVI-591118. …RESPONDENT (BY SRI NAVEEN CHATRAD, ADVOCATE)

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THIS MISCELLANEOUS FIRST APPEAL FILED UNDER SECTION 28 OF THE HINDU MARRIAGE ACT, 1955, PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 10/11/2022 IN M.C.NO.32/2017 BY THE SENIOR CIVIL JUDGE, BAILHONGAL.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, KRISHNA KUMAR, J., DELIVERED THE FOLLOWING:

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NC: 2023:KHC-D:11092-DB MFA No. 101967 of 2023

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JUDGMENT

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This appeal by the husband is directed against the impugned Judgment and Decree dated 10.11.2022 passed in M.C.No.32/2017 by the Senior Civil Judge, Bailhongal (for short, ‘the Trial Court’), whereby his petition seeking dissolution of his marriage with the respondent that was solemnized on 08.04.2015 by a decree of divorce dismissed on various grounds by the Trial Court.

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During pendency of this appeal, the parties have filed a joint compromise petition invoking Section 13(B) of the Hindu Marriage Act and sought for dissolution of marriage by mutual consent. The said compromise petition reads as under :

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“APPLICATION UNDER SECTION 13 (B) OF THE HINDU MARRIAGE ACT FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT

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Herein, the application on behalf of the appellant and respondent is as under;

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1. That the marriage between the parties was solemnized on 08/04/2015 at M.K.Hubballi, by Hindu rites and ceremonies.

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2. The said marriage was consummated thereafter and the parties co-habited as husband and wife at the matrimonial home till 28/05/2015 and no children are born in of marriage wedlock of the appellant and respondent.

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3. That the appellant and respondent could not live together and have been living separately since from 28/05/2015 and there has been absolutely no cohabitation between the parties ever since.

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3 - NC: 2023:KHC-D:11092-DB MFA No. 101967 of 2023

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4. That the marriage of the appellant and respondent has been irretrievable breakdown and at the intervene and as per advise of elder of village decided to compromise the matter.

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5. That the parties have compromised all their disputes and have decided to seek divorce by mutual consent on the following terms;

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i. The appellant has agreed to pay towards permanent alimony as well as toward maintenance a of Rs.5,30,000/- to the respondent/wife by way of DD No 666648 dated 20/09/2023 drawn on State Bank of India, M K Hubali infavour respondent wife [name as per bank account i.e. before marriage name as Sangeeta Shivalingayya Gallimaradi]

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ii. The respondent/wife will not entitled for any maintenance and hereby give-up/relinquishes her right of maintenance etc.

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iii. That the respondent/wife has agreed to withdraw all pending proceeding including maintenance petition under section 125 of Cr P C and under the Protection of Women From Domestic Violence Act and any other proceeding pending before the Bailhongal Court.

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iv. That the mutual consent has not been obtained by any force fraud or undue influence.

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v. That the mutual consent has not been obtained by any force, fraud or undue influence.

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vi. The appellant and respondent hereby declare, agree, and undertake that they shall hereafter be entitled to live apart from each other wherever they choose and agreed not be interfere in the personal life of each other in any manner.

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Wherefore, for the above stated reasons that the marriage of the appellant and respondent dated 08/04/2015 at M K Hubballi be kindly dissolved by passing a divorce by consent by allowing the petition under Section 13 [B] of Hindu Marriage Act 1955, in the ends of promoting justice and equity.

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4 - NC: 2023:KHC-D:11092-DB MFA No. 101967 of 2023

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The learned counsel for the appellant/husband has handed over the demand draft dated 20.09.2023 bearing No.666648 for a sum of Rs.5,30,000/- towards full and final settlement of all claims of the respondent-wife against the appellant-husband.

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Learned counsel for the respondent-wife acknowledges the receipt of aforesaid demand draft for a sum of Rs.5,30,000/towards full and final settlement of her claims against the appellant-husband.

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Both parties as well as respective counsel are physically present. Parties have been identified by their respective counsel. Both parties and their counsel admit having signed the joint compromise petition and that they have voluntarily signed the compromise petition. Being satisfied that the compromise is lawful and proper, we pass the following :

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O R D E R

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(i) Appeal stands disposed off in terms of the compromise petition.

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(ii) The impugned Judgment and Award dated 10.11.2022 passed in MC.No.32/2017 by the Senior Civil Judge, Bailhongal is set aside and the said

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5 - NC: 2023:KHC-D:11092-DB MFA No. 101967 of 2023

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petition stands disposed off in terms of the compromise petition.

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(iii) The marriage solemnized on 08.04.2015 is dissolved by a decree of divorce by mutual consent in terms of the compromise petition.

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(vi) Compromise petition shall be treated as

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part and parcel of the decree.

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(vi) Registry to draw decree accordingly.

Sd/JUDGE

Sd/JUDGE

CKK

LIST NO.: 1 SL NO.: 38

Shivanand Basayya Vibhootimath v. Smt. Pallavi @ Sangeeta W/O Shivanand Vibhootimath

Case brief

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Shivanand Basayya Vibhootimath v. Smt. Pallavi @ Sangeeta W/O Shivanand Vibhootimath

Case brief

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