Dismissed

Smt G K Nagaveni v. Sri S K Nataraja Kumar

Karnataka HC18 Jan 2024MFA/8992/2018

Case brief

AI extract

What is this about?

In this miscellaneous first appeal filed under Section 28(1) of the Hindu Marriage Act, the High Court of Karnataka disposed of the matter by confirming a divorce decree. Both parties, via counsel, filed a compromise petition under Order 23 Rule 3 CPC, admitting free consent and agreeing to a settlement involving confirmation of the divorce, property waiver, and payment of Rs. 13 Lakhs as permanen

What did the court decide?

The appeal was dismissed; the divorce decree was confirmed, and the compromise decree terms were operationalized as per the parties' agreement.

Smt G K Nagaveni Vs Sri S K Nataraja Kumar — Maintenance and Alimony | Karnataka HC (2024)

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NC: 2024:KHC:2441-DB MFA No. 8992 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF JANUARY, 2024 PRESENT

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THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY

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AND

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THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR

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MISCELLANEOUS FIRST APPEAL NO. 8992 OF 2018 (MC)

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BETWEEN:

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SMT. G.K. NAGAVENI W/O SRI. S.K. NATARAJA KUMAR AGED ABOUT 25 YEARS, R/O KOTTAPAALY, (RAMAGONDAPALLY) VILLAGE, GULURU HOBLI, BAGEPALLY TALUK, CHIKKABALLAPURA DISTRICT-562 101.

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…APPELLANT

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(BY SRI. ASHWIN KUMAR H., ADVOCATE)

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AND:

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Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA

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SRI. S.K. NATARAJA KUMAR S/O SRI. KRISHNAPPA AGED ABOUT 32 YEARS, R/O NO.202, WARD NO.5, HOUSING BOARD COLONY, NATIONAL COLLEGE ROAD, BAGEPALLY TOWN, CHIKKABALLAPURA DISTRICT-562 101.

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…RESPONDENT

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(BY SRI. N. ADINARAYANA REDDY., ADVOCATE)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.28(1) OF THE HINDU MARRIAGE ACT, AGAINST THE ORDER AND DECREE DT.07.08.2018 PASSED ON MC NO.99/2017 ON THE

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NC: 2024:KHC:2441-DB MFA No. 8992 of 2018

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FILE OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE & JMFC, CHIKKABALLAPURA, ALLOWING THE PETITION FILED U/S.13(1)(i-a) OF HINDU MARRIAGE ACT.

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THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, RAMACHANDRA D. HUDDAR J., DELIVERED THE FOLLOWING:

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ORDER

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Called again in the afternoon. Counsel for the appellant and respondent are physically present.

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Compromise petition is filed under Order 23

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Rule 3 of CPC reporting compromise between the appellant and the respondent. Contents of the compromise petition are read over and explained in Kannada language known to both the parties. They admit the contents of the same. The compromise is entered into between the parties with

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their free consent, will and volition and there is no coercion or undue influence. The terms of compromise mentioned at Clauses (a) to (e) read as under:

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" 6. Further, the appellant and respondent submit that to avoid further frustration in their life and on account of incompatibility they have decided to have their marriage dissolved by

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NC: 2024:KHC:2441-DB MFA No. 8992 of 2018

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decree of divorce subject to the following conditions.

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a. The judgment and decree dated 07-08-2018 in M.C.99/2017 by the II Addl. Senior Civil Judge, at Chikkaballapur, dissolving the marriage between the appellant and respondent solemnized on 17-02-2016 at Sri Shaila Kalyana Mantapa, Bagepalli is hereby confirmed upon fulfilment of the condition in clause 6(c) below.

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b. The appellant and respondent shall not have any claim or right over both movable, including gold ornaments, and immovable properties of the appellant and respondent against each other, soon after the divorce.

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c. The Respondent has agreed to pay the amount of Rs 13,00,000/(Thirteen Lakhs Only) to the Appellant for permanent alimony. The Respondent undertakes to pay to the Appellant, the said amount of Rs. 13,00,000/(Thirteen Lakhs Only) by way of Demand Draft within a period of four weeks from today. The said amount shall be paid to the Appellant as full and final settlement of the permanent alimony.

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d. The appellant shall not claim any maintenance, permanent alimony, compensation, etc., against respondent in future.

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e. The relationship of husband and wife shall cease to exist soon after the divorce."

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4 - NC: 2024:KHC:2441-DB MFA No. 8992 of 2018

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It is submitted that, though at Clause (c) as mentioned above, it is stated that the respondent undertakes to pay `13,00,000/- (Thirteen Lakhs Only) by way of Demand Draft within a period of four weeks from today to the appellant, but, today itself he has brought the DDs in the name of the respondent drawn on Union Bank of India. Said original DDs are produced before the Court for perusal.

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We have perused the DDs. After perusal of the said DDs, the same are handed over by the respondent to the appellant.

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As the contents of the compromise petition are agreed between the appellant-wife and respondenthusband, we are satisfied with regard to entering into this legal compromise by both the parties.

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In view of the compromise entered into between both appellant and respondent, the appeal stands dismissed in terms of the compromise petition by

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NC: 2024:KHC:2441-DB MFA No. 8992 of 2018

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confirming the decree of divorce granted by the Trial Court.

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There shall be a decree in terms of the

compromise petition.

Sd/-

JUDGE

Sd/-

JUDGE

Sk/List No.: 1 Sl No.: 11

Smt G K Nagaveni v. Sri S K Nataraja Kumar

Case brief

What is this about?

What did the court decide?

Smt G K Nagaveni v. Sri S K Nataraja Kumar

Case brief

What is this about?

What did the court decide?

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