In a writ petition challenging a Family Court order, the High Court observed that the parties had settled their dispute via a joint memo agreeing to mutual divorce and property settlement. Consequently, the Court disposed of the writ petition.
Writ petition stands disposed in light of settlement arrived at between the parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:43008 WP No. 1681 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 1681 OF 2023 (GM-FC)
BETWEEN:
PURUSHOTHAM @ MANJUNATH AGED ABOUT 44 YEARS, S/O LATE ANJINAPPA #81/2, PAPAMMA FLOUR MILL NEHRU ROAD, NEAR GUDDADAHALLI, BENGALURU – 560 088.
…PETITIONER
(BY SMT. SHRUTHI S.P., ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
MUNIRATHNA @ RATHNA AGED ABOUT 36 YEARS, W/O PURUSHOTHAM @ MANJUNATH #004, NANDA ASHIRWAD APARTMENTS CANARA BANK COLONY CHANDRA LAYOUT, BENGALURU – 560 040.
…RESPONDENT
(BY SRI. SHIVSHANKER, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 14.12.2022 BY IA V PASSED BY THE LEARNED II ADDL. PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN M.C.NO.2424/2018 ANNEXURE-G.
NC: 2023:KHC:43008 WP No. 1681 of 2023
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROOUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner – husband is before this Court calling in question an order dated 14.12.2022, passed on I.A.No.V, by the II Additional Principal Judge, Family Court, Bengaluru, in M.C.No.2424/2018.
petitioner and Sri Shivashanker, learned counsel for the respondent.
NC: 2023:KHC:43008 WP No. 1681 of 2023
“JOINT MEMO
3. It is further submitted that the now both Petitioner husband and Respondent wife came forward and decided to amicabllysettle this issuepeacefully, happily, further with the intervention of the elders and well-wishers of the both sides of family members both the petitioner and respondent decided to live separately by way of mutual divorce with below said subject to the following terms and conditions and the petitioner and the respondent wish to state as below.
4. I petitioner husband further submits that,Schedule A property site bearing No. 81/2 nehru road, Papamma flour mill, new Guddadahalli, bengaluru city 560026 measuring East to West 60 sq ft and North to South 15 sq ft in measuring total extent of 900sq ft, belonging to the petitioner husband has agreed togive to Respondent wife has absolute rights over the said property to sale/mortgage/Lease/ any such transactions for her betterment of life.
5. I petitioner husband further submits that,Schedule B Site bearing No 1, khata No 54, situated at nayandahalli village, kengeri hobli, bengaluru south taluk, bengaluru city. Corporation ward no 39, Measuring East to West 40ft and North to South 40 ft in Measuring total extent of 1600 sq.ft ,I Petitioner husband has agreed to give to Respondent wife has absolute rights over the said property to sale/mortgage/Lease/any such transactions for her betterment of life
6. I, the petitioner husband submit that,I am the absolute owner of the above mentioned schduleproperties(two houses) and now I am willing to execute gift/release/sale deed in favour of Respondent wife name.
7. I,petitioner Further submit that till date I have not pleadged/mortgaged/obtained any loan from bank, society,individual or created charge infavour of third person on the above mentioned A and B schedule properties.
NC: 2023:KHC:43008 WP No. 1681 of 2023
8. I Petitioner husband agree to execute 2 houses separate Gift/ Release Deeds/ Sale Deed for the 2 schdule properties which is mentioned above to the respondent wife, the Gift/ Release Deeds/ Sale Deed will be executed infavour of Smt. Munirathna who is respondent wife.
9. I petitioner husband submit that my family members or their legal heirs have no right over the property after Gift/ Release Deeds/ Sale Deed to Respondent wife and further I wish to state that my familiy members and their legal heirs will not interfere, and not claim any share and not file any case against the said two schdule properties(two houses),if our family members and legal heirs raise any legal issue on the two schedule properties I am held responsible to clear the said legal issue.
10. I Petitioner husband further agree to execute the said Gift/ Release Deeds/ Sale Deed of the mentioned schedule property (two houses )within one month from the date of this joint memo today ie., 28/11 / 2023, and I am the Responsible for Registration charge and others expenses for at time of the A and B schedule properties Registration.
11. I, the petitioner husband further submit and agreed that the said schedule property which i am willing to give it to respondent wife the Schedule B propertySite bearing No 1, khata No 54, situated at nayandahalli village, kengeri hobli, bengaluru south taluk, bengaluru city. Corporation ward no 39, measuring east to west 40ft and north to south 40 ft in total 1600 sq.ft is currently leased/rented by me to Some leassee and I agree to clear the lease/rented (advance amount) amount to the lessee by myself and vacate the said property within two month from the date of this joint memo ie., 28-11-2023 and hand over to the Respondent wife. and in no way the Respondent will not held Responsible for the lease amount orthe leased property.
13. I am the petitioner husband in the above case.I am the owner of the two said schduleproperties, which is mentioned in the above para and now I have decided to Gift/ Release Deeds/ Sale Deed the two schedule properties Infavour of smt.Munirathana who is respondent wife,
14. I petitioner husband and respondent wife have agreed to obtain mutual divorce and the parties have been filed before the 2nd additional Family Court Bengalure in M.C NO.2424 / 2018 further I petittioner husband and respondent wife have decided to convert the above said case to mutual divorce by filing an application before the family court within 1 month from the date of this joint memo Further remaining pending case in Crl Mis No.12/2020 pending before Hon'ble II MMTC Bengalure we both have decided to withdrawthe said case.the parties have decided to amicabally settle all the cases.”
(sic)
The terms and conditions of settlement are accepted by
the parties and it is the submission of the learned counsel for the parties that few of them are fulfilled and remaining would be fulfilled within the time indicated in the joint memo. In furtherance of the afore-quoted compromise, all the legal obligations be complied by the parties. They are also at liberty to approach the appropriate fora, if need arises.
Sd/JUDGE
NVJ
List No.: 1 Sl No.: 29
1 issue framed by the court
Whether a writ petition under Article 226 challenging an order in matrimonial proceedings should be disposed of upon settlement by the parties.
Purushotham @ Manjunath
Munirathna @ Rathna
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
