Srinajmunnisa W/O Hayatkhan Tinwale Vs Smt.Khatunnisa W/O Hayatkhan Tinwale

SMT. NAJMUNNISA W/O HAYATKHAN TINWALE AGE: 58 YEARS, OCC: BEEDI WORKS/COOLIE, R/O: NEW AYODHYA NAGAR, ISLAMPUR, OLD HUBLI, TQ: HUBBALLI, DIST. DHARWAD-580024.

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…APPELLANT

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(BY Ms. RAJASHREE, ADVOCATE)

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AND:

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SMT. KHATUNNISA W/O HAYATKHAN TINWALE AGE: 65 YEARS, OCC: RETIRED TEACHER, R/O: NEELKANTESHWAR CAMP, BANGLE STREET, GANGAVATI, TQ: GANGAVATI, DIST: KOPPAL.

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THE UNION OF INDIA, R/BY ITS GENERAL MANAGER, SOUTH WESTERN RAILWAY, HUBBALLI.

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Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench

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THE SOUTH WESTERN RAILWAY, CENTRAL OFFICE, HUBBALLI, R/BY ITS GENERAL MANAGER.

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…RESPONDENTS

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(BY SRI. VIJAY MALALI, ADVOCATE FOR R1; SRI. M.B. KANAVI, ADVOCATE FOR R2 & R3)

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THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT 1984, AGAINST THE JUDGMENT AND DECREE DATED 28.01.2015 PASSED IN O.S.NO.26/2013 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT HUBLI, PARTLY DECREEING THE SUIT FILED FOR DECLARATION AND MANDATORY INJUNCTION & ETC.

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THIS MFA COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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NC: 2025:KHC-D:11754-DB

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MFA No. 103178 of 2015

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HC-KAR

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CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)

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This appeal is filed seeking the following relief:

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The appellant prays that this Hon’ble Court may please to set-aside the impugned judgment and decree dated 28.01.2015 passed by the Principal Judge, Family Court, at Hubballi in OS No.26/2013, by allowing this appeal in the interest of justice and equity.

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2. Heard the learned counsel for the appellant and

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learned counsel for respondent No.1.

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3. Respondent No.1 filed the suit in OS No.26/2013 for relief of declaration to declare that the plaintiff is only legally wedded wife and she alone is entitled for all the benefits of the deceased Hayatkhan including all other incidental benefits as per Railway Rules and consequential relief of mandatory injunction. The said suit came to be partly decreed declaring that respondent No.1/plaintiff is the legally wedded wife of the deceased Hayathkhan and she is entitled to receive 50% of family pension amount from defendants No.1 and 2 from the date of order. Insofar as remaining relief is concerned, the

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NC: 2025:KHC-D:11754-DB MFA No. 103178 of 2015

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HC-KAR

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plaintiff is at liberty to produce the judgment and decree copy before defendant No.1 and 2 and get needful benefits.

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4. During the pendency of this appeal, the matter was referred to the Mediation Centre attached to this Court. After negotiations, the parties have amicably resolved their dispute among themselves and drawn settlement as per Memorandum of Agreement. The terms of memorandum of agreement are extracted below:

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This appeal filed by the appellant challenging the Judgment and Decree dated 28.01.2015 passed by the Prl. Judge Family Court Hubballi, In OS no.26/2013, wherein the Family Court has ordered that, the respondent herein is legally wedded wife of Deceased Hayathkhan Teenwale and she is entitled to receive 50% of Family Pension amount from Appellant Herein from date of this Order, in so far as the remaining relief is concerned, the respondent is liberty to produce the judgment and Decree copy before appellant 1& 2 to get needful benefits.

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The Hon'ble court referred the matter to the mediation and before the mediation both the parties amicably settled the dispute.

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The terms of settlement are as under:

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a. The both the parties have agreed and accepted that, the judgment and Decree passed by the Prl Judge Family Court, Hubballi in OS NO.26/2013.

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NC: 2025:KHC-D:11754-DB

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MFA No. 103178 of 2015

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HC-KAR

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b. During the pendency of the above appeal the respondent no 2 & 3 has not disbursed the 50% of Family pension to the respondent no 1 till this date. Now the both the parties are amicably settled that, whatever the arrears till today is to be disbursed Equally i.e., (50% to the Appellant and 50% to respondent no 1).

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c. The both the parties agreed that, the appellant is drawing 50% of Family pension and reaming 50% of family pension the respondent no 1 is eligible and entitle the appellant has no objection to grant 50% of Family pension as per order of Family Court to Respondent no 1.that is from September 2025 onwards.

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d. It is also mutually agreed that, the order passed by the Family Court Hubballi, releasing so far as payment of the family pension to the appellant and respondent no 1 at the rate of 50% each, shall remaining intact.

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e. It is further agreed by the appellant that, she will not raise any dispute in future regarding this subject matter.

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Wherefore the both parties are request to this Hon'ble court accept the settlement arrived by the parties, in the ends of justice and equity.

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5. We have gone through the terms of memorandum of

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agreement entered into before the Mediation Centre. We have also interacted with the parties, who are present before the Court and identified by their respective counsel. They expressed that by their own volition, they have entered into the

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NC: 2025:KHC-D:11754-DB MFA No. 103178 of 2015

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HC-KAR

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compromise and they have no objection to dispose off this appeal in terms of aforesaid memorandum of agreement.

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6. In view of the aforesaid voluntary statement, we proceed to pass the following:

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ORDER

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a) The appeal is allowed in part in terms of memorandum of agreement entered into between the parties before the Mediation Centre.

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b) Learned counsel for respondent No.2 and 3 fairly submits that the Authority would act based on the decree of this Court and release the benefits in favour of the appellant and respondent No.1 within a reasonable time. The said submission is placed on record.

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c) Registry shall draw decree accordingly.

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Sd/(S.SUNIL DUTT YADAV) JUDGE

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Sd/(VIJAYKUMAR A.PATIL) JUDGE

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JTR, CT:VP LIST NO.: 1 SL NO.: 12

Srinajmunnisa W/O Hayatkhan Tinwale v. Smt.Khatunnisa W/O Hayatkhan Tinwale

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Srinajmunnisa W/O Hayatkhan Tinwale v. Smt.Khatunnisa W/O Hayatkhan Tinwale

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