Vandana Alias Shankramma W/O. Vs Vinayak S/O. Shivappa Saidapur

SMT. VANDANA @ SHANKRAMMA W/O. VINAYAK SAIDAPUR, AGE: 25 YEARS, OCC: HOME MAKER, R/O. C/O. FAKKIRAPPA S/O. BHIMAPPA GIDDI, HOSPET GALLI, KERUR, TQ. BADAMI, DIST. BAGALKOTE-587101.

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench

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NOW AT: C/O. G. H. SONNAD, WARD NO.1, NEAR HOLLALLI, DESAI WADA, KILLA GALLI, BAGALKOT TQ. & DIST. BAGALKOT-587101.

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…APPELLANT (BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE)

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AND:

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VINAYAK S/O. SHIVAPPA SAIDAPUR, AGE: 34 YEARS, OCC: GOVERNEMENT SERVANT, R/O. GOVINDAPPA S/O. YALLAPPA MARIYANNAVAR, JAGAPUR, TQ. NARAGUND, DIST. GADAG-582101 …RESPONDENT (BY SRI. ROSHAN SAHEB CHABBI, ADVOCATE)

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NC: 2025:KHC-D:11358-DB MFA No. 103929 of 2023 C/W MFA No. 103930 of 2023

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HC-KAR

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THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.19(1) OF THE FAMILY COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 05.08.2023 IN M.C. NO.111/2019 PASSED BY THE HON’BLE COURT OF PRINCIPAL JUDGE, FAMILY COURT, AT BAGALKOTE, BY ALLOWING THE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

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IN MFA NO.103930 OF 2023

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BETWEEN:

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VANDANA @ SHANKRAMMA W/O. VINAYAK SAIDAPUR, AGE: 25 YEARS, OCC: PRIVATE JOB, R/O. C/O. FAKKIRAPPA S/O. BHIMAPPA BIDDI, HOSPET GALLI, KERUR TQ. BADAMI, DIST. BAGALKOTE-587101.

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…APPELLANT

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(BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE)

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AND:

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VINAYAK S/O. SHIVAPPA SAIDAPUR, AGE: 34 YEARS, OCC: GOVERNEMENT SERVANT, R/O. GOVINDAPPA S/O. YALLAPPA MARIYANNAVAR, JAGAPUR, TQ. NARAGUND, DIST. GADAG-582101

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…RESPONDENT

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(BY SRI. ROSHAN SAHEB CHABBI, ADVOCATE)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.19(1) OF THE FAMILY COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 05.08.2023 IN M.C. NO.72/2019 PASSED BY THE HON’BLE COURT OF PRINCIPAL JUDGE, FAMILY COURT, AT: BAGALKOTE, AND DISMISS THE PETITION IN M.C. NO.72/2019, BY ALLOWING THE APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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HC-KAR

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

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV)

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The memorandum of compromise petition has been filed

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under Order XXIII Rules 1 and 2 of the Code of Civil Procedure, 1908. The terms of the settlement are as follows:

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“i) That the Respondent-Husband had agreed to pay a sum of Rs.8,00,000/- as a permanent alimony to the Appellant-Wife, in view of the compromise arrived by both the parties. As a first installment, the Respondent-Husband had paid a sum of Rs.4,00,000/- on 21/08/2025, through a Demand (D.D.) dated 19/08/2025, bearing No.'710500', drawn at 'State Bank of India', of Mulgund Naka Branch, Gadag, drawn in the name of the Appellant herein i.e., 'Mrs.Shankramma F Giddi' (after marriage Vandana). The balance amount of Rs.4,00,000/- is paid by the Respondent-Husband to the Appellant-Wife, today i.e. on 04/09/2025 through a Demand Draft (D.D.) dated 02/09/2025, bearing No. '710512', drawn at 'State Bank of India', of Mulgund Naka Branch, Gadag, drawn in the name of the Appellant herein i.e., 'Mrs.Shankramma F

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HC-KAR

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Giddi' (after marriage Vandana) (A copy of the said D.D. dated 02/09/2025 is enclosed herewith).

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ii) The Appellant-Wife hereby acknowledges and accepts that as on this day i.e., on 04/09/2025, she has received the entire amount of Rs.8,00,000/from the Respondent-Husband, as willfully agreed by both the parties herein and the Appellant-Wife also hereby consciously accepts that the said permanent alimony of Rs.8,00,000/-received by her, from the Respondent-Husband includes the entire amount due to her in any of the recovery proceedings, maintenance case and any other Civil or Criminal cases initiated/filed by the Appellant-Wife against the Respondent-Husband till today in any Court of law, whether known or unknown to the RespondentHusband herein.

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iii. That the Appellant-Wife has agreed that she would voluntarily withdraw all the pending cases filed by her against the Respondent-Husband, including any kind of Recovery and Execution proceedings, pending in any Court(s), whether known or unknown to the Respondent-Husband herein, failing which the Respondent-Husband is at liberty to produce the certified copy of the Judgment and Decree what would be passed in the top noted Appeals, before any Court of law in which the Appellant-Wife has instituted any case against the Respondent-Husband and seek for dismissal/closure

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NC: 2025:KHC-D:11358-DB MFA No. 103929 of 2023 C/W MFA No. 103930 of 2023

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HC-KAR

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of such case, in view of the Compromise entered between the parties herein in the top noted Appeals.

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iv. That both the undersigned parties herein do hereby withdraw all the allegations made against each other till today and have agreed that they would not file any other case either of Civil or Criminal nature, in future.

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v. That the Appellant-Wife has agreed that she would not claim any property from the RespondentHusband and from his family members, as she has already received a sum of Rs.8,00,000/- as a full and final settlement.

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vi. That the Appellant-Wife herein agrees that, in view of the compromise entered with the Respondent-Husband, she would voluntarily withdraw the Execution Petition filed by her against the Respondent-Husband, in Ε.Ρ. No.1/2022, seeking attachment and Sale of moveables of the Respondent-Husband herein, on the file of the learned Principal Judge Family Court, Bagalakote, failing which the Respondent- Husband is at liberty to produce the certified copy of the Judgment and Decree what would be passed in the top noted Appeals, before the learned Principal Judge Family Court, Bagalakote, and seek for dismissal/closure of the said E.P. No.1/2022, in view of the compromise entered between the parties herein in the top noted Appeals.

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NC: 2025:KHC-D:11358-DB MFA No. 103929 of 2023 C/W MFA No. 103930 of 2023

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HC-KAR

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vii. It is hereby made clear to and by both the parties to each other that their marriage is hereby absolutely dissolved in terms of the Compromise and both of them have absolutely no rights of any manner to file any case against each other, arising out of their matrimonial relationship.

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viii. It is further agreed between the parties that none of the parties are in custody of the belongings of the other.

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ix. That both the parties agree and affirm that the above Compromise Petition has been duly executed by both the parties Voluntarily, Consciously and with free will and volition and without any undue influence or coercion of anyone.

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In terms of the said settlement, the amount of Rs.8,00,000/- has been paid to the appellant. The parties have affirmed the terms of the settlement as well as the contents of the compromise petition and state that the terms of the compromise petition has been read out and explained to them.

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We find that the terms of the compromise are lawful. Accordingly, the appeals are disposed off affirming the conclusion in the judgment and decree passed in M.C.No.72/2019. The marriage was solemnized on 01.04.2016 which stood dissolved by the judgment and decree of the trial Court stands affirmed.

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HC-KAR

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The judgment in M.C.No.72/2019 is to be substituted by the terms of the compromise entered into referred to above. Further the judgment and decree in M.C.No.111/2019 insofar as conclusion stands affirmed.

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Registry to draw decree in terms of compromise. Both parties are present, the appellant acknowledges the receipt of the entirety of Rs.8,00,000/- as agreed in terms of the compromise.

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Sd/(S.SUNIL DUTT YADAV) JUDGE

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Sd/(VIJAYKUMAR A.PATIL) JUDGE

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RKM /CT-AN List No.: 1 Sl No.: 7

Vandana Alias Shankramma W/O. v. Vinayak S/O. Shivappa Saidapur

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Vandana Alias Shankramma W/O. v. Vinayak S/O. Shivappa Saidapur

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