Disposed

Sri Nikhil Manjunath Shanbhag v. Smt. Apoorva Gurudutt Kamath

Karnataka HC16 Jun 2023MFA/1188/2023

Case brief

AI extract

What is this about?

The High Court disposed of an appeal against a divorce decree. The court noted that the parties had amicably settled their dispute via a compromise petition. Consequently, the court dissolved the marriage and disposed of the appeal based on the agreed terms, including financial settlement and custody arrangements.

What did the court decide?

Appeal disposed based on compromise; marriage dissolved by decree of divorce; appellant ordered to pay settlement money and return articles; custody granted to respondent.

Sri Nikhil Manjunath Shanbhag Vs Smt… — Child Custody and Guardianship | Karnataka HC (2023)

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NC: 2023:KHC:20780-DB MFA No. 1188 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF JUNE, 2023

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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 ANANT RAMANATH HEGDE MISCELLANEOUS FIRST APPEAL NO. 1188 OF 2023 (FC)

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BETWEEN:

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SRI NIKHIL MANJUNATH SHANBHAG, SON OF SRI MANJUNATH SHANBHAG, AGED ABOUT 35 YEARS, RESIDING AT NO 12-A, SHANTHI NIKETHAN, PRABHATH COLONY, SANTA CRUZ EAST, MUMBAI - 400 055.

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…APPELLANT (BY SRI ANANTH KUMAR C, ADVOCATE)

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AND:

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Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA

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SMT. APOORVA GURUDUTT KAMATH, WIFE OF SRI NIKHIL MANJUNATH SHANBHAG, AGED ABOUT 32 YEARS, RESIDING AT FLAT NO 102, DEEPANJALI APARTMENTS, OPP VIJAYA BANK, BEJAI, MANGALURU TALUK - 575004.

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…RESPONDENT

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(BY SRI G.L.MOHAN MAIYA, ADVOCATE)

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THIS MFA IS FILED U/S.19(1) FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DT.11.08.2022 PASSED IN MC NO.232/2022 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, D.K, MANGALURU, DECREEING THE PETITION FILED U/S.13(ia) AND (ib) OF HINDU MARRIAGE ACT, 1955.

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

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NC: 2023:KHC:20780-DB MFA No. 1188 of 2023

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JUDGMENT

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This appeal is filed against the judgment dated 11.08.2022 passed in M.C.No.232/2022 by the Family Judge, Family Court, Mangaluru by which petition filed by the respondent/wife under Section 13(ia) of the Hindu Marriage Act, 1955 has been decreed and the marriage performed between the parties has been dissolved.

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When the matter was called today, parties as well as their counsel submitted that the dispute between the parties has been amicably settled. They have invited the attention of this Court to the application filed under Order XXIII Rule 3 of the code of Civil Procedure which has been duly signed by the parties. The terms and conditions of the compromise reads as under:

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"1. The respondent herein had filed a petition seeking divorce before the Family Judge, Mangalore in M.C.No.232/2022 wherein the said petition came to be decree exparte. Being aggrieved with the same, the Appellant had preferred the above appeal and during the pendency of the above appeal, with the intervention of friends and well wishers the matter is

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NC: 2023:KHC:20780-DB MFA No. 1188 of 2023

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amicably settled between the parties on the following terms.

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2. The appellant has accepted the judgment date 11-08-2022 passed by the Trial Court in M.C.No.232/2022 on the file of Principal Family Judge, Mangalore and in pursuance of the same, the Appellant is herewith paying the amount of Rs.20,00,000/- (Rupees Twenty Lakhs only) by way of D.D. No. 003347, drawn on HDFC Bank to the respondent towards full and final settlement for respondent and the minor kid Atharva Nikhil Shanbhag.

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3. The respondent has accepted the same and agrees that all pending petitions filed by her shall be withdrawn unconditionally by virtue of the settlement arrived in the above appeal and the appellant and respondent shall not have any claims whatsoever past, present and future and both have agreed that they shall not interfere with the life and property of the other person.

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4. The appellant has also agreed to return all the gold and silver articles listed separately as Annexure - A to this Compromise Petition and the respondent has accepted the same.

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4 - NC: 2023:KHC:20780-DB MFA No. 1188 of 2023

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5. The Appellant has agreed that the Minor kid viz., Atharva Nikhil Shanbhag shall be in custody with the Respondent and Appellant give up the custody of the minor kid and claims only visitation with prior intimation to the respondent".

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In view of the aforesaid compromise arrived at between the parties, the marriage performed between the parties on 24.12.2015 is dissolved by a decree of divorce and the appeal is disposed of in terms of compromise arrived at between the parties.

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Sd/JUDGE

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Sd/JUDGE

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List No.: 1 Sl No.: 8

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BRN

Sri Nikhil Manjunath Shanbhag v. Smt. Apoorva Gurudutt Kamath

Case brief

What is this about?

What did the court decide?

Sri Nikhil Manjunath Shanbhag v. Smt. Apoorva Gurudutt Kamath

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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