Allowed

Sri Donny Biddappa Kullachanda Subbaiah v. Smt Deepika Kullachanda Biddappa

Karnataka HC11 Jun 2024MFA/8354/2019

Case brief

AI extract

What is this about?

Husband appealed a Family Court decree granting the wife divorce under Section 13(1)(ia) Hindu Marriage Act. Both parties, present and identified by counsel, submitted a memorandum of agreement from Karnataka Mediation Centre and a joint memo admitting voluntary execution. The court recorded the settlement and allowed the appeal.

What the court decided

AI extract

Sri Donny Biddappa Kullachanda Subbaiah Vs Smt… — Matrimonial and Divorce | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:20584-DB MFA No.8354/2019

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 11^TH DAY OF JUNE, 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.8354/2019

¶10

BETWEEN:

¶11

SRI DONNY BIDDAPPA KULLACHANDA SUBBAIAH S/O SRI KULLACHANDA CHINNAPPA SUBBAIAH AGED ABOUT 40 YEARS OCCUPATION I.T CRITINNO SOFTWARE R/AT NO.1091, 23^RD A CROSS 23^RD MAIN, SECTOR -2 HSR LAYOUT BENGALURU - 560 102

¶12

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

¶13

PRESENTLY AT B-3003 GOLD SUMMIT APARTMENTS HENNUR BAGALUR MAIN ROAD DODDAGUBBI CROSS, KOTHANUR BANGALORE - 560 077 …APPELLANT (BY SRI M.M.ASHOKA, ADVOCATE)

¶14

AND:

¶15

SMT DEEPIKA KULLACHANDA BIDDAPPA W/O SRI DONNY BIDDAPPA D/O DR.CHOWDAPPA BHASKAR AGED ABOUT 40 YEARS OCCUPATION : I.T MANAGER R/AT NO.387/B, 2^ND CROSS DOLLAR LAYOUT, J P NAGAR 4^TH PHASE BANGALORE - 560 078 …RESPONDENT (BY SMT.A.D.VIJAYA, ADVOCATE)

¶16

¶17

NC: 2024:KHC:20584-DB MFA No.8354/2019

¶18

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, 1984 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 01.08.2019 PASSED BY VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU IN M.C.NO.3499/2014 ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955.

¶19

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

¶20

JUDGMENT

¶21

Both parties and their Counsel are present. The parties are duly identified by their respective Counsel. Both Counsel submit joint memo in addition to the memorandum of agreement entered into between the parties in Karnataka Mediation Centre. The parties admit voluntary execution of memorandum of agreement, joint memo and the terms of the same.

¶22

Heard both side. Satisfied that memorandum of settlement and joint memo are voluntarily executed and the terms of the settlement/agreement/joint memo are admissible under law. The said memorandum of agreement/joint memo are recorded. Hence, the following:

¶23

ORDER

¶24

The appeal is allowed.

¶25

3 - NC: 2024:KHC:20584-DB MFA No.8354/2019

¶26

The impugned judgment and decree in

¶27

M.C.No.3499/2014 dated 01.08.2019 is hereby set aside.

¶28

M.C.No.3499/2014 is allowed in terms of memorandum of

¶29

agreement/joint memo.

¶30

Draw decree accordingly.

Sd/JUDGE

Sd/JUDGE

KSR

List No.: 1 Sl No.: 4

Sri Donny Biddappa Kullachanda Subbaiah v. Smt Deepika Kullachanda Biddappa

Case brief

What is this about?

What the court decided

Sri Donny Biddappa Kullachanda Subbaiah v. Smt Deepika Kullachanda Biddappa

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri C Vishwas Vs the Government of Karnataka

Sri Nayeemuddin Vs Smt Syeda Noor Fathima

Sri a G Rajagopala Vs Smt S M Pushpalatha

Smt Manjula Vs Sri B Shivakumar @ a Shivanna

Sri P Prakash Vs Smt K Ashwini

Prakash S/O Byroji Rao Vs Special Land Acquisition Officer