Appeal against a family court judgment in a matrimonial case was settled by a compromise petition under Order 23 Rule 3 CPC and Section 13-B of the Hindu Marriage Act. The lower court decree was set aside and the marriage was dissolved by mutual consent on agreed terms.
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NC: 2024:KHC:45300-DB MFA No. 7675 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 7675 OF 2019 (FC)
BETWEEN:
SRI MAHESH H S/O SRI HUCHCHAPPA AGED ABOUT 38 YEARS R/AT NO 287/A, 3RD CROSS GOWDANAPALYA BANGALORE SOUTH BANGALORE – 560070.
…APPELLANT
Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
(BY SRI. PANCHAM R D - ADVOCATE)
AND:
SMT ANITHA W/O SRI MAHESH H AGED ABOUT 32 YEAR S R/AT HARALAHALLI C A KERE HOBLI MADDUR TALUK MANDYA DISTRICT – 571428.
…RESPONDENT
(BY SRI.M G RAVISHA - ADVOCATE)
THIS MFA FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 26/07/2019, PASSED IN MC. NO.2412/2013, ON THE FILE OF THE I-ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU.
THIS MFA, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND
HON'BLE MR JUSTICE RAJESH RAI K
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
Learned counsel Sri Pancham R D for the appellant is
present before the Court physically inclusive of Sri M.G.Ravisha for respondent.
CPC and Section 13-B of the Hindu Marriage Act. It is stated in the petition that appellant and respondent, on considering their long pending litigations and no chance of reunion to lead their marital life, have agreed to get dissolved their marital life on the following terms and conditions:
NC: 2024:KHC:45300-DB MFA No. 7675 of 2019
Athmalingeshara Temple Kalyanamantapa, Hanumanthnagara, Maddur Taluk, Mandya District, may be dissolved by passing a decree by mutual consent.
NC: 2024:KHC:45300-DB MFA No. 7675 of 2019
their minor daughter Jahnavi M represented through the respondent, for partition, against the appellant and his family members, which is pending adjudication before Prl.Civil Judge, Maddur.
vii) The appellant has handed over to the respondent D.D. bearing No.283450 dated 14.10.2024, drawn on State Bank of India, Ramanjaneyanagar Branch, in the name of their daughter Jahnavi M today for a sum of Rs.5,00,000/- (Rupees five lakhs only). The respondent has agreed that the said sum shall be kept as Fixed Deposit in the name of Jahnavi M for a period of 5 years.
viii) The respondent is not claiming any Permanent alimony from the appellant, as the respondent is a Government employee. However, the litigation expenses, the appellant has paid today a sum of Rs.1,00,000/by way of cash, to the respondent, the receipt of which is accepted by the respondent.
ix) The respondent has agreed that the appellant may visit their daughter Kumari Jahnavi M at any reasonable time, preferably on Sundays, by intimating the respondent in advance, and
without affecting the studies of Kumari Jahnavi M.
x) The appellant and the respondent states that they shall not have any claim of whatsoever against each other in the future.
Appellant namely Sri Mahesh H and respondent namely Smt.Anitha are present before the Court physically. Both the parties submit that this settlement is arrived at by their mutual consent, voluntarily, from their free will and volition, without any pressure, coercion or undue influence whatsoever. Hence, they submit that the appeal may be disposed of by dissolving the marriage held on 04.03.2010 at Athmalingeshwara Temple Kalyana mantapa, Hanumanthnagara, Maddur Taluk, Mandya District.
NC: 2024:KHC:45300-DB MFA No. 7675 of 2019
13(1)(i-a) of the Hindu Marriage Act, 1955 is hereby allowed and the marriage performed with the respondent is hereby dissolved. Decree shall be drawn accordingly, in terms of the compromise petition.
SD/(K.SOMASHEKAR)
JUDGE
SD/(RAJESH RAI K) JUDGE
DKB
5 provisions across 5 enactments
Mahesh H
Anitha
K.Somashekar
Rajesh Rai K
As recorded by the court registry
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