Allowed

Sri. Anil Kumar D v. Smt. Bindushree R

Karnataka HC5 Jul 2024MFA/6554/2021

Case brief

AI extract

What is this about?

Cross appeals against dismissal of a divorce petition under the Hindu Marriage Act were resolved through a compromise petition under Order XXIII Rule 3 CPC. The court recorded the compromise, set aside the Family Court decree, dissolved the marriage by mutual consent, awarded Rs.7,50,000 permanent alimony, and dismissed the counter claim.

What did the court decide?

Marriage dissolved by mutual consent; Family Court decree set aside; M.C.No.47/2018 allowed per compromise with Rs.7,50,000 alimony; counter claim dismissed.

Sri. Anil Kumar D Vs Smt. Bindushree R — Matrimonial and Divorce | Karnataka HC (2024)

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NC: 2024:KHC:25648-DB MFA No.6554/2021 C/W MFA No.1557/2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5^TH DAY OF JULY, 2024 PRESENT

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THE HON'BLE MRS JUSTICE K.S.MUDAGAL

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AND

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THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.6554/2021 (FC)

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C/W

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MISCELLANEOUS FIRST APPEAL NO.1557/2021 (FC)

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BETWEEN:

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SRI ANIL KUMAR D

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AGED ABOUT 32 YEARS S/O DODDASIDDAIAH RESIDING AT KURAMKOTE VILLAGE KORATAGERE TALUK

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TUMAKURU DISTRICT – 572 101 …APPELLANT

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(COMMON)

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(BY SRI.MALLIKARJUN N K, ADVOCATE FOR SRI.SAMPATH A, ADVOCATE)

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AND:

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

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SMT.BINDUSHREE R AGED ABOUT 23 YEARS W/O ANIL KUMAR D

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D/O RAJAIAH

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PRESENTLY RESIDING AT KODIGEHALLI VILLAGE URDIGERE HOBLI TUMAKURU – 572 101

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JAGADEESHA

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AGED ABOUT 27 YEARS S/O GANGADHARAIAH RESIDING AT KODIGEHALLI VILLAGE URDIGERE HOBLI

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TUMAKURU – 572 101 … RESPONDENTS

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(COMMON)

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(BY SRI.SUNIL KUMAR PATEL, ADVOCATE for R1; R2 IS DELETED V/C/O DTD:05.07.2024)

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NC: 2024:KHC:25648-DB MFA No.6554/2021 C/W MFA No.1557/2021

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THESE MISCELLANEOUS FIRST APPEALS ARE FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 07.10.2020 PASSED IN MC NO.47/2018 ON THE FILE OF THE I ADDITIONAL PRL. JUDGE, FAMILY COURT, TUMAKURU, C/C OF PRL. JUDGE, FAMILY COURT, TUMAKURU, DISMISSING THE PETITION FILED U/S.13(1)(i) and (ia) OF HINDU MARRIAGE ACT.

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THESE APPEALS, COMING ON FOR HEARING, THIS DAY, K.S.MUDAGAL J ., DELIVERED THE FOLLOWING:

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JUDGMENT

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Both parties and their respective counsel are present. The parties are duly identified by their respective Counsel.

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Both Counsel submit compromise petition under

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Order 23 Rule 3 of CPC. Appellant’s Counsel files memo for deleting the name of respondent No.2 in both the cases.

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Heard the parties on compromise petition and perused records. Parties admit voluntary execution of compromise petition and the terms of the same.

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Both parties submit that they have agreed for dissolution of marriage by mutual consent. Respondent admits that she has agreed to receive Rs.7,50,000/- in full settlement of her claim towards permanent alimony. She also admits that demand draft for sum of Rs.3,00,000/- and two postdated

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3 - NC: 2024:KHC:25648-DB MFA No.6554/2021 C/W MFA No.1557/2021

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cheques for sum of Rs.2,00,000/- and Rs.2,50,000/- as mentioned in the compromise petition are received by her.

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Jewellaries of the parties are exchanged as

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mentioned in the compromise petition. Both parties have agreed to withdraw the allegations made against each other. Satisfied that compromise is admissible under the law.

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Under the circumstances, appellant’s Counsel is permitted to delete the name of respondent No.2 from the appeal memo in both the cases and compromise is recorded. Hence the following:

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ORDER

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The appeals are allowed.

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(i) The impugned judgment and decree dated 07.10.2020 in M.C.No.47/2018 passed by the Principal Judge, Family Court, Tumakuru is hereby set aside.

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(ii) M.C.No.47/2018 on the file of the Principal Judge,

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Family Court, Tumakuru is allowed in terms of the compromise petition.

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(iii) The marriage of the appellant and respondent solemnized on 04.06.2017 in Sree Thirumala Kalyana Mantapa,

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NC: 2024:KHC:25648-DB MFA No.6554/2021 C/W MFA No.1557/2021

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Near Sree Kodi Basaveshwaraswamy Temple, Garden Road,

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Tumakuru is hereby dissolved.

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(iv) Counter claim in M.C.No.47/2018 is dismissed.

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Draw decree accordingly.

Sd/JUDGE

Sd/JUDGE

PKN

List No.: 1 Sl No.: 13

Sri. Anil Kumar D v. Smt. Bindushree R

Case brief

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Sri. Anil Kumar D v. Smt. Bindushree R

Case brief

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