Partly allowed

Smt Bhuvaneshwari v. Shri Shivalingaiah

Karnataka HC13 Jul 2023MFA/345/2018

Case brief

AI extract

What is this about?

The High Court modified a divorce decree and dismissed an appeal under Section 28 of the Hindu Marriage Act, 1955. The court approved a compromise where the husband pays Rs. 5 lakhs and the wife withdraws criminal complaints against him.

What did the court decide?

Modified decree to direct husband to pay Rs. 5 lakhs within two months; wife to withdraw criminal complaints; appeal and other applications disposed of.

Smt Bhuvaneshwari Vs Shri Shivalingaiah — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:24286-DB MFA No.345 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF JULY, 2023 PRESENT

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THE HON'BLE MR. JUSTICE ALOK ARADHE AND

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THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

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MISCELLANEOUS FIRST APPEAL NO.345 OF 2018 (MC)

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BETWEEN:

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Digitally signed by RUPA V Location: High Court of Karnataka

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SMT. BHUVANESHWARI W/O SHIVALINGAIAH AGED ABOUT 46 YEARS R/O. KOTHATHI VILLAGE AND HOBLI MANDYA TALUK.

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(BY SMT. SUMANGALA A. SWAMY, ADV.,)

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AND:

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…APPELLANT

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SHRI. SHIVALINGAIAH S/O LATE DODDAPUTTASHETTY AGED ABOUT 59 YEARS WORKING AS TEACHER AT DEVANAHALLI POST DODDAPALYA GOVT HIGH SCHOOL SRIRANGAPATNA TALUK MANDYA DISTRICT.

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…RESPONDENT

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(BY SRI. P.S. MALIPATIL, ADV.,)

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THIS MFA IS FILED U/S 28(1) OF HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED:28.10.2017 PASSED IN M.C.NO.35/2005 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, & CJM, MANDYA, ALLOWING THE PETITION FILED U/S 13 OF HINDU MARRIAGE ACT.

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THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, ANANT RAMANATH HEGDE J., DELIVERED THE FOLLOWING:

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- 2 - NC: 2023:KHC:24286-DB MFA No.345 of 2018

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JUDGMENT

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This appeal is filed under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') challenging the judgment and decree dated 28.10.2017 passed by the Prl. Senior Civil Judge, Mandya in M.C.No.35/2005. In terms of aforementioned judgment and decree, the Senior Civil Judge allowed the petition filed by the husband seeking dissolution of marriage under Sections 13(ia) and 13(ib) of the Act. Aggrieved by the aforementioned judgment and decree, the wife is in appeal.

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Learned counsel appearing for the wife would submit that husband is convicted for the offence under Sections 420, 494 and 506 of the Indian Penal Code, 1908 in terms of judgment dated 30.11.2020 passed by the V Additional Sessions Judge, Mandya.

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3 - NC: 2023:KHC:24286-DB MFA No.345 of 2018

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Learned counsel for the respondent does not dispute this fact. However, he submits that criminal revision petition namely Crl.R.P.No.57/2021 is pending before this Court.

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During the course of hearing, learned counsel

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for the parties have arrived at the following consensus:

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(1) The husband shall pay Rs.5,00,000/-

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towards full and final settlement of claim of the wife within two months from this date.

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(2) If such payment is made, the wife shall

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take necessary steps to withdraw the complaint filed against the husband for the offences punishable under Sections 420, 494 and 506 of the Indian Penal Code.

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In view of aforesaid compromise arrived at between the parties, the judgment and decree dated 28.10.2017 passed by the Prl. Senior Civil Judge,

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4 - NC: 2023:KHC:24286-DB MFA No.345 of 2018

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Mandya in M.C.No.35/2005 is modified to the extent

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mentioned above.

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Accordingly, the appeal is disposed of.

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Consequently, the pending interlocutory

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applications are also disposed of.

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Sd/JUDGE

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Sd/JUDGE

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Smt Bhuvaneshwari v. Shri Shivalingaiah

Case brief

What is this about?

What did the court decide?

Smt Bhuvaneshwari v. Shri Shivalingaiah

Case brief

What is this about?

What did the court decide?

What the court decided

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