Allowed

Sri. Ganapathi Gowda v. Smt. Padmavathi

Karnataka HC24 Mar 2023MFA/290/2016

Case brief

AI extract

What is this about?

The Family Court allowed an appeal under Section 19(1) of the Family Courts Act, 1984. The petition for divorce, originally dismissed, was set aside based on a mutual settlement agreement. The court dissolved the marriage and directed the appellant to pay Rs. 8 Lakhs as permanent alimony to the respondent.

What did the court decide?

Appeal allowed. Judgment and decree dated 11.12.2015 set aside. Divorce decree granted. Appellant directed to pay Rs. 8 Lakhs permanent alimony by 29.03.2023.

Sri. Ganapathi Gowda Vs Smt. Padmavathi — Maintenance and Alimony | Karnataka HC (2023)

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MFA No. 290 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF MARCH, 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 VIJAYKUMAR A. PATIL

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M.F.A.NO.290 OF 2016 (FC)

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BETWEEN:

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SRI. GANAPATHI GOWDA AGED ABOUT 36 YEARS, S/O. KUPPANNA GOWDA, RESIDING AT "GANESH PRASAD", SAMPIGE POST, PUTHIGE VILLAGE, MANGALURU TALUK, D.K., PIN - 574 227.

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…APPELLANT

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(BY SMT. JAYALAKSHMI K.B, ADVOCATE FOR SRI. SANATH KUMAR SHETTY K, ADVOCATE)

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AND:

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Digitally signed by GAYATHRI N Location: High SMT. PADMAVATHI Court of AGED ABOUT 33 YEARS, Karnataka D/O PANDU GOWDA, R/AT SHAKTHIPURA, SAMPIGE POST, PUTHIGE VILLAGE, MANGALURU TALUK, D.K, PIN - 574 227.

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…RESPONDENT

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(BY SRI. DHANANJAY KUMAR, ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 11.12.2015 PASSED IN M.C.NO.389/2014 ON

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MFA No. 290 of 2016

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THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, D.K, MANGALURU AND ALLOW THIS APPEAL WITH COSTS THROUGHOUT AND GRANT SUCH OTHER AND FURTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT AND PROPER UNDER THE CIRCUMSTANCES OF THIS CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL, COMING ON FOR HEARING, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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Smt.Jayalakshmi K.B, learned counsel for Sri.Sanatha

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Kumar Shetty K, learned counsel for appellant.

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Sri.Dhananjay Kumar, learned counsel for respondent.

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This appeal under Section 19(1) of the Family Courts Act, 1984 has been filed against judgment and decree dated

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11.12.2015 passed in M.C.No.389/2014, by which petition filed by the appellant under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 has been dismissed.

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Learned counsel for the parties invited attention of this Court to the memo of settlement and has submitted that dispute between the parties has been amicably

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MFA No. 290 of 2016

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resolved. The terms and conditions of the agreement reads

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as under:

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" The appellant and the respondent have resolved

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to settle the matter in the following terms:

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1) That the marriage between the parties solemnized on 04.05.2012 be dissolved by a decree of divorce.

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2) That the Appellant shall pay a sum of Rs.8,00,000/(Rupees Eight Lakhs) towards permanent alimony by way of a Demand Draft to the respondent on or before 29.03.2023, towards full and final settlement.

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Wherefore, the parties jointly pray for decree in the above terms, in the ends of justice and equity."

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In view of the aforesaid amicable settlement

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arrived at between the parties, the judgment and decree dated 11.12.2015 passed in M.C.No.389/2014 is set aside and the marriage between the parties is dissolved by a decree of divorce.

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The appellant shall pay a sum of Rs.8,00,000/(Rupees Eight Lakhs only) towards permanent alimony by

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MFA No. 290 of 2016

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way of Demand Draft to the respondent on or before

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29.03.2023 towards full and final settlement to her claim.

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Accordingly, appeal is disposed of.

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Sd/JUDGE

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Sd/JUDGE

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RR List No.: 1 Sl No.: 20

Sri. Ganapathi Gowda v. Smt. Padmavathi

Case brief

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Sri. Ganapathi Gowda v. Smt. Padmavathi

Case brief

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