Allowed

Smt. Meenakshi v. Sri. R. Basavalingadevaru

Karnataka HC10 Jul 2024MFA/1741/2017

Case brief

AI extract

What is this about?

Appeal against a Family Court divorce decree was compromised: on payment of Rs.10,00,000/- full settlement alimony, wife consented to dissolution by mutual consent; court recorded the compromise, set aside the impugned judgment and dissolved the marriage.

What did the court decide?

Impugned judgment and decree in M.C.No.102/2014 set aside; marriage solemnized 09.12.2001 dissolved per compromise; Rs.2,00,000/- paid in Court, balance Rs.8,00,000/- payable within three months.

Smt. Meenakshi Vs Sri. R. Basavalingadevaru — Maintenance and Alimony | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:26597-DB MFA No.1741/2017

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 10^TH DAY OF JULY, 2024

¶5

PRESENT

¶6

THE HON'BLE MRS JUSTICE K.S.MUDAGAL

¶7

AND

¶8

THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL

¶9

MISCELLANEOUS FIRST APPEAL No.1741/2017 (FC)

¶10

BETWEEN:

¶11

SMT.MEENAKSHI W/O R BASAVALINGADEVARU AGED ABOUT 33 YEARS R/AT BANDEPALYA TUMAKURU TALUK – 572 101 …APPELLANT

¶12

(BY SRI V.R.BALARAJ, ADVOCATE)

¶13

AND:

¶14

Digitally signed by K S RENUKAMBA Location: High Court of Karnataka

¶15

SRI R BASAVALINGADEVARU S/O RAJASHEKHARAIAH AGED ABOUT 39 YEARS R/AT BANDEPALYA DEVARAYAPATNA POST TUMKURU TALUK - 572 101 …RESPONDENT

¶16

(BY SRI K.G.SADASHIVAIAH, ADVOCATE)

¶17

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 28.01.2017 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, TUMAKURU IN M.C.NO.102/2014 ALLOWING THE PETITION FILED UNDER SECTION 13(1)(i-a) OF THE HINDU MARRIAGE ACT.

¶18

THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR FINAL HEARING, THIS DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:

¶19

2 - NC: 2024:KHC:26597-DB MFA No.1741/2017

¶20

JUDGMENT

¶21

Appellant, respondent and their respective Counsel are present. The parties are duly identified by their respective Counsel. They submit compromise petition. The parties admit execution of the compromise petition and terms of the same.

¶22

As per the terms of the compromise petition, appellant has agreed for dissolution of marriage by mutual consent on receiving Rs.10,00,000/- in full settlement of her claim towards alimony. As per the terms of the compromise, Rs.2,00,000/- is paid in Court today and balance amount of Rs.8,00,000/- shall be paid within three months from the date of this order. The appellant admits receipt of cash of Rs.2,00,000/-.

¶23

As per the compromise petition, the parties have agreed to settle the dispute in R.S.A.No.1478/2019. Satisfied that the compromise is admissible in law and the same is voluntarily entered into by the parties. Therefore, the compromise is recorded. Hence the following:

¶24

ORDER

¶25

The appeal is allowed. The impugned judgment and decree in M.C.No.102/2014 on the file of the Principal Judge, Family Court, Tumakuru is hereby set aside.

¶26

¶27

NC: 2024:KHC:26597-DB MFA No.1741/2017

¶28

The petition in M.C.No.102/2014 is allowed in terms of

¶29

the compromise petition.

¶30

The marriage of the petitioner and the respondent

¶31

solemnized on 09.12.2001 is dissolved.

¶32

Draw decree accordingly.

Sd/JUDGE

Sd/JUDGE

KSR

List No.: 1 Sl No.: 20

Smt. Meenakshi v. Sri. R. Basavalingadevaru

Case brief

What is this about?

What did the court decide?

Smt. Meenakshi v. Sri. R. Basavalingadevaru

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

The Special Land Acquisition Officer Vs Krishna Reddy

Mr Bandaru Naveen Kumar Vs Smt Devata Praveena

Venkatesh Murthy @ Venkatesh @ Lodde Vs State of Karnataka

Smt. Pushpanlatha Vs Sri C C Kaleeregowda

Sri N D Nagaraju Vs Sri M D Puttaiah

Kumari Likitha Vs Sri N Rajashekaraiah