Smt Aishwarya W/O Arjun Satapute Vs Sri Arjun S/O Heeralaalsa Satapute

THIS MISCELLANEOUS FIRST APPEAL UNDER SECTION 19(1) OF THE FAMILY COURTS ACT, 1984, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE 21.01.2025 PASSED BY THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI, ALLOWING PETITION FILED BY THE RESPONDENT HUSBAND UNDER SECTION 13(1)(IA), (IB) OF THE HINDU MARRIAGE ACT, 1955, IN M.C.NO.345/2023 DISSOLVING THE MARRIAGE DATED 28.01.2019 SOLEMNIZED AT TULAJA BHAVANI KALYAN MANTAP, SHABARI NAGAR, KESHWAPUR, HUBBALLI AND REGISTERED WITH THE OFFICE OF THE REGISTRAR OF MARRIAGES, BENGALURU BEARING REGISTRATION NO.VJNHM41-2019-20, CD NO.VJNM33 DATED 16.04.2019 BETWEEN THE APPELLANT WIFE AND THE RESPONDENT HUSBAND, WITH COSTS THROUGHOUT IN THE INTEREST OF JUSTICE AND EQUITY.

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2 - NC: 2025:KHC-D:6827-DB MFA No. 101277 of 2025

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THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER:

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CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE S G PANDIT)

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This appeal filed under section 19(1) of the Family

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Courts Act, 1984, is directed against the judgment and decree dated 21.01.2025 in M.C.No.345/2023, on the file of Principal Judge, Family Court, Hubballi, wherein the respondent/husband’s petition filed under section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955¹ is allowed, dissolving the marriage between the appellant and respondent.

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The appellant Smt.Aishwarya and respondent Sri Arjun are present before the Court along with their learned counsels Sri Kini N.S. and Sri S.G.Nandoor, respectively.

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Learned counsels appearing for the parties would submit that with the intervention of the elders, the appellant

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1 Hereinafter referred to as ‘the Act of 1955’.

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NC: 2025:KHC-D:6827-DB MFA No. 101277 of 2025

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and respondent have arrived at a compromise and accordingly they submitted petition under section 13(B) of the Act of 1955.

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The terms of the compromise petition at

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paragraphs No.5(a) to (j) read as follows:

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“5) It is submitted that, the Appellant & the Respondent have agreed to part their ways by dissolving their marriage by mutual consent to avoid unpleasantries and harassment to each other. Hence both the Parties have resolved their lis between themselves amicably, agreeing upon the terms and conditions mentioned hereinafter:

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a. They have withdrawn all allegations made against each other, and hereby undertake that, they shall not subject the other party in any other case, either civil/criminal or otherwise, which is covered under this compromise.

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b. The Appellant & the Respondent have agreed to mutually dissolve their marriage solemnised on 28.01.2019 at Tulaja Bhavani Kalyan Mantap, Shabari Nagar, Keshwapur, Hubballi & registered with the Office of the Registrar of Marriages, Bengaluru bearing registration No.VJNHM41-2019-20, CD NO.VJNM33 dated 16.04.2019.

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c. For the said mutual dissolution, the Respondent Husband has agreed to pay an amount of Rs.25,00,000/- (Rupees Twenty Five Lakhs Only) to the Appellant as full and final payment towards permanent alimony

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NC: 2025:KHC-D:6827-DB MFA No. 101277 of 2025

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which is including all arrears upto date. The said amount is paid vide D.D. No.001235 dated 17/04/2025 Drawn on Axis Bank in favour of the Appellant. The Appellant herein accepts and acknowledges the receipt of the same.

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d. The Appellant and the Respondent have mutually agreed to dissolve their marriage, without making any allegations as against each other. The allegations made by both the parties against each other before the Ld. Family Court have been unequivocally withdrawn including Cri.Misc No. 192/2024 pending on the file Family court Hubballi, and Cri.Misc.No.4/2022 pending on the file of III JMFC Hubballi and P.C.No.1549/2022 pending before the III Addl Civil Judge and JMFC Hubballi.

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e. The Appellant herein has accepted the said alimony amount and hereby agree that she shall withdraw all the proceedings pending before the Ld. Trial Court at Hubballi.

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f. The Appellant and the Respondent herein agree that, neither they nor any of their family members, relatives, friends will indulge in any kind of activity either verbally, socially, or digitally so as to disparage the nature, character, status etc., of either parties or their family members in future. They shall not engage in any shaming, which shall lower the status, goodwill, reputation of either parties in the eyes of public/community so as to sabotage any future alliances.

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g. There are no issues from the said marriage, and the Appellant herein is neither pregnant nor carrying as on this date.

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h. That the appellant and respondents will not have any claims whatsoever in current or in future in properties including movables and immovable, and also any valuables and also any other things.

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i. That both parties will not have any claims whatsoever in current or in future in property or any valuables.

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j. The Appellant & Respondent shall be at liberty to lead their individual lives as per their own will and volition. The parties hereby agree that, in view of the mutual dissolution, they shall be free to change the nominations, assignment etc., in the employment records, service records, insurance policies (general and life), Bank accounts, and other financial/non- financial records, property records. The parties do hereby affirm that, in case of any NOC required by either of the parties, the same shall be provided, without any demur.”

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The appellant has received Rs.25,00,000/- by demand draft No.001235 dated 17.04.2025 drawn on Axis Bank Ltd., towards permanent alimony. The parties have mutually agreed to dissolve their marriage and they have prayed to modify the judgment dated 21.01.2025 in M.C.No.325/2023, subject to condition that the appellant and respondent shall withdraw all the allegations against each other. Further they have also agreed to withdraw the cases pending against each other.

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The above appeal stands disposed of by modifying the judgment dated 21.01.2025 in

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M.C.No.345/2023 in terms of the petition filed under Section 13(B) of Hindu Marriage Act read with Order 23 Rule 3 and Section 151 of the Civil Procedure Code.

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The decree of dissolution of marriage granted under judgment dated 21.01.2025 by the Principal Judge, Family Court, Hubballi, in M.C.No.345/2023 shall be treated as mutual consent divorce/dissolution of marriage granted under section 13(B) of the Act of 1955.

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Modified decree shall be drawn as above.

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Pending interlocutory applications, if any, stand

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disposed of as they do not survive for consideration.

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Sd/(S G PANDIT) JUDGE

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Sd/(C.M. POONACHA) JUDGE

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MRK CT: UMD List No.: 1 Sl No.: 43

Smt Aishwarya W/O Arjun Satapute v. Sri Arjun S/O Heeralaalsa Satapute

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Smt Aishwarya W/O Arjun Satapute v. Sri Arjun S/O Heeralaalsa Satapute

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