Allowed

Smt Sowbhagya @ Bhagyamma v. Sri Sampath Kumar

Karnataka HC12 Jun 2024MFA/6736/2019

Case brief

AI extract

What is this about?

Appeal against an ex parte divorce decree was resolved by settlement: 3399-day delay condoned; parties withdrew allegations, settled property and alimony claims, and the decree was set aside with divorce granted on mutual consent terms.

What did the court decide?

Delay condoned; ex parte decree dated 25.01.2010 set aside; M.C.No.33/2009 allowed per joint memo and compromise decree; decree ordered.

Smt Sowbhagya @ Bhagyamma Vs Sri Sampath Kumar — Matrimonial and Divorce | Karnataka HC (2024)

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NC: 2024:KHC:20768-DB MFA No.6736/2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF JUNE, 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.6736 OF 2019 (MC)

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BETWEEN:

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SMT. SOWBHAGYA @ BHAGYAMMA W/O SAMPATHKUMAR D/O NARAYANAPPA (GADI NARAYANAPPA) AGED ABOUT 35 YEARS BINMANGALA, KASABA HOBLI NELAMANGALA TALUK BANGALORE RURAL DIST-562 123.

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

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(BY SRI. CHANNE GOWDA K.G. ADV.,)

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…APPELLANT

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AND:

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SRI. SAMPATH KUMAR S/O VENKATAPPA AGED ABOUT 40 YEARS R/AT BUGADIHALLI, SOMPURA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT-562 123

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…RESPONDENT

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(BY SRI. SRINIVAS A.R. ADV., FOR SMT. UMAMAHESWARY M.N. ADV.,)

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THIS MFA IS FILED UNDER SECTION 28(1) OF HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED 25.01.2010 PASSED IN M.C.NO.33/2009 ON THE FILE OF THE CIVIL JUDGE (SENIOR DIVISION) AND JMFC, NELAMANGALA, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT,1955.

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NC: 2024:KHC:20768-DB MFA No.6736/2019

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:

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JUDGMENT

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Both counsel submit that the parties have settled the matter and respondent's counsel concedes for condonation of delay.

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In the circumstances, delay of 3399 days in filing the appeal is condoned. I.A.No.1/2019 is disposed of accordingly.

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Both parties and their respective counsel are present before the Court. Parties are duly identified by their respective counsel. Both counsel submit joint memo which is duly signed by the parties. In addition to that, learned counsel for the respondent submits memo with certified copy of memorandum of compromise petition and compromise decree dated 16.03.2024 passed in O.S.No.305/2018 on the file of the Prl. Civil Judge and JMFC, Nelamangala.

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Heard the parties on the compromise petition.

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Parties admit the terms of the joint memo, the compromise petition filed by them in O.S.No.305/2018 on the file of the Prl.

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3 - NC: 2024:KHC:20768-DB MFA No.6736/2019

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Civil Judge and JMFC, Nelamangala and compromise decree passed by the said Court.

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As per the said compromise petition and the joint

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memo filed before this Court, the parties have withdrawn the allegations made against each other. The appellant and her son have given up their rights against the respondent by accepting the land measuring 13 guntas out of 1 acre 20 guntas in Sy.No.32/2 of K.G.Jajuru Village of Nelamangala Taluk which is shown as Schedule B property in decree in O.S.No.305/2018. Further appellant admits receipt of Rs.50,000/- in full settlement of her claim against the respondent towards alimony. Parties submit that they have agreed to withdraw the cases filed against each other and they are already withdrawn. Parties are agreeable for decree of divorce with mutual consent. The joint memo and compromise decree passed in O.S.No.305/2018 on the file of the Prl. Civil Judge and JMFC, Nelamangala are taken on record. Hence the following:

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NC: 2024:KHC:20768-DB MFA No.6736/2019

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ORDER

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The appeal is allowed.

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The exparte judgment and decree dated 25.01.2010 in M.C.No.33/2009 on the file of the Prl. Civil Judge and JMFC, Nelamangala is hereby set aside.

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The petition in M.C.No.33/2009 is allowed in terms of the

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joint memo filed by the parties and the compromise decree dated 16.03.2024 passed in O.S.No.305/2018 on the file of the Prl. Civil Judge and JMFC, Nelamangala.

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Draw decree accordingly.

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Pending I.A. No.2/2019 stood disposed of.

Sd/JUDGE

Sd/JUDGE

List No.: 1 Sl No.: 15

Smt Sowbhagya @ Bhagyamma v. Sri Sampath Kumar

Case brief

What is this about?

What did the court decide?

Smt Sowbhagya @ Bhagyamma v. Sri Sampath Kumar

Case brief

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What did the court decide?

What the court decided

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