Dismissed

M G Rajeshwari @ Bahvya Shree v. Nandish G K

Karnataka HC28 Mar 2023MFA/4443/2019

Case brief

AI extract

What is this about?

In this matrimonial appeal under the Family Court Act, the High Court of Karnataka disposed of the matter based on a compromise filed by the parties. The agreement resolved their disputes and stipulated the dissolution of the marriage. Consequently, the High Court set aside the impugned judgment and decreed a divorce.

What did the court decide?

Impugned judgment and decree set aside; marriage dissolved by decree of divorce.

M G Rajeshwari @ Bahvya Shree Vs Nandish G K — Matrimonial and Divorce | Karnataka HC (2023)

¶1

¶2

MFA No. 4443 of 2019

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 28^TH DAY OF MARCH, 2023

¶5

PRESENT

¶6

THE HON'BLE MR JUSTICE ALOK ARADHE

¶7

AND

¶8

THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL

¶9

M.F.A.NO.4443 OF 2019 (FC)

¶10

BETWEEN:

¶11

M G RAJESHWARI @ BAHVYA SHREE W/O NANDISH G K D/O LATE GURUSWAMY AGED ABOUT 27 YEARS R/AT NO.1659/20, NEAR SHILPA GRANITES TARALABALU EXTENSION, VIDYA NAGARA, DAVANAGERE, PIN CODE - 577 005

¶12

…APPELLANT

¶13

(BY SRI. SANTHOSH KUMAR M B, ADVOCATE)

¶14

AND:

¶15

Digitally signed by MADHURI S Location: High Court of Karnataka

¶16

NANDISH G K S/O G S KUMARASWAMY AGED ABOUT 33 YEARS R/AT GANGAVARA VILLAGE, TOLALU POST, AREHALLI HOBLI, BELUR TALUK, HASSAN DISTRICT PIN CODE - 573 101

¶17

…RESPONDENT

¶18

(BY SRI. SANGMESH R B, ADVOCATE)

¶19

THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT AND DECREE DATED 28.03.2019 PASSED BY THE JUDGE, FAMILY COURT, DAVANAGERE IN M.C.NO. 106/2016, IN THE INTEREST OF JUSTICE AND EQUITY.

¶20

¶21

MFA No. 4443 of 2019

¶22

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

¶23

JUDGMENT

¶24

Sri.Santosh Kumar M.B., learned counsel for the petitioner along with petitioner is present.

¶25

Sri.Sangamesh R.B., learned counsel for the

¶26

respondent along with respondent is present.

¶27

This appeal under Section 19(1) of the Family Court Act has been filed against the judgment and decree dated 28.03.2019 by which the petition filed by the appellant/husband seeking dissolution of marriage has been dismissed.

¶28

Learned counsel for the parties jointly submit that the dispute between them has been amicably resolved. In this connection, they have invited the attention of this Court to compromise petition. The terms and conditions of the compromise read as under:

¶29

2. That the appellant and the respondent are the wife and husband, the marriage

¶30

¶31

MFA No. 4443 of 2019

¶32

between them was solemnized on 04.09.2014 at Sri.Sri.Sri. Shivkumar Swamiji Samudaya Bhavan, Belur Taluk, District Hassan as per Hindu rites and customs. From the wedlock the parties have no children.

¶33

3. That due to irreconcilable differences and incompatibility of temperaments, the appellant and the respondent have been living separately since 2015. There is absolutely no chance of reunion amongst themselves. Therefore both the parties agreed to get the marriage dissolved.

¶34

5. In view of the settlement arrived at in this case the appellant has agreed to cooperate in closure and quashing of C.C.No.1248/18 filed under section 498A of IPC pending on the file of 2nd Addl. Sr. Civil Judge and JMFC Davanagere. Further she has agreed to withdraw Cr.Misc.No.21/2022 filed under section 128 of Cr.P.C., Cr.Misc.No.375/2019 filed by her under section 127 of Cr.P.C., Cr.Misc.No.72/2020 filed by her under section 127 of Cr.P.C., Cr.Misc.No.70/2020

¶35

¶36

MFA No. 4443 of 2019

¶37

filed by her under section 128 of Cr.P.C., Cr.Misc.No. 61/2022 filed by her under section 9 of Hindu Marriage Act which are all pending on the file of Family Court, Davanagere.

¶38

6. Apart from what is agreed above, the appellant and the respondent state that, they have no claims of whatsoever nature against each other towards maintenance/permanent alimony either past, present or future and also have no claims over the movable/ immovable properties belonging to each other.

¶39

7. Both are parties state that there has been no collusion or force, fraud or any undue influence in entering into this settlement / agreement in the aforesaid manner.

¶40

The respondent has handed over a Demand

¶41

Draft for a sum of Rs.9,50,000/- to the appellant. The receipt of which the appellant acknowledges and undertakes to return the cheque bearing No.000389 dated 18.03.2023 drawn on Karnataka Grameen Bank, Tholalu

¶42

¶43

MFA No. 4443 of 2019

¶44

Branch, Belur Taluk, Hassan District for a sum of Rs.9,50,000/- to the respondent.

¶45

In view of the compromise arrived at between

¶46

the parties, judgment and decree dated 28.03.2019 passed in M.C.No.106/2016 is set aside and the marriage performed between the parties is dissolved by a decree of divorce.

¶47

In the result, the appeal is disposed of in terms of compromise arrived at between the parties.

Sd/JUDGE

Sd/JUDGE

MDS

List No.: 1 Sl No.: 5

M G Rajeshwari @ Bahvya Shree v. Nandish G K

Case brief

What is this about?

What did the court decide?

M G Rajeshwari @ Bahvya Shree v. Nandish G K

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

Coram

Case details

Similar cases

Mr N Krishnakumar Vs Registrar Co-Operative Societies

Smt Pushpa Vs Sri Shivaraj D S

Sridhara S Vs Geenthanjali H.V.

Smt Muniyamma Vs the Bengaluru Development Authority

Smt Hemavathi R Vs Sri Somashekar P

Smt Vinutha Vs T N Madhu