Smt. Deepali Lengade Vs Sri. Sandeep Lengade

SMT. DEEPALI LENGADE, D/O. LATE JUSTICE A.C.KABBIN, AGED ABOUT 46 YEARS, R/O.No.194, 5^TH MAIN, JUDICIAL LAYOUT, THALAGHATTAPURA, MALLASANDRA, UTTARAHALLI HOBLI, BENGALURU 560 062.

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…APPELLANT

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(BY SRI K.N. PHANEENDRA, SENIOR ADVOCATE FOR SMT. VAISHALI HEGDE, ADVOCATE)

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AND:

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Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA

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SRI. SANDEEP LENGADE, S/O. SHASHIKANT LENGADE, AGED ABOUT 50 YEARS, R/O. No.3184, SOBHA ARENA, JUDICIAL LAYOUT, KANAKAPURA ROAD, THALAGHATTAPURA, BENGALURU 560 062.

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SMT. USHA MOGRAL, W/O. NAGARATHNAM REDDY, AGED ABOUT 29 YEARS, R/O. No.84, NEXT TO DRUG HOUSE PHARMACY, 3^RD CROSS, OLD BANK COLONY, CHUNCHAGHATTA MAIN ROAD, KONANAKUNTE, BANGALORE 560 062.

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…RESPONDENTS

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(BY SRI S. BALAKRISHNAN, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH)

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NC: 2025:KHC:39864-DB MFA No. 675 of 2025

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HC-KAR

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THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 26.11.2024 PASSED ON I.A. No.11 IN M.C.No.5412/2021 ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE I.A.No.11 FILED UNDER ORDER VII RULE 11(d) READ WITH SECTION 151 OF CPC.

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

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CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and

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HON'BLE MR. JUSTICE K. V. ARAVIND

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

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Heard the learned counsel for the parties.

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The appellant and the respondent No.1 are

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present in person, who have been identified by their respective counsels.

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The appellant and the respondent No.1 are wife

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and husband respectively. Under challenge in the instant appeal is an order dated 26.11.2024 passed by the Court of V Additional Principal Judge, Family Court, Bengaluru,

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on I.A.No.11 filed in M.C. No.5412/2021. A further relief

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has been sought for a direction to the respondent No.1 to

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3 - NC: 2025:KHC:39864-DB MFA No. 675 of 2025

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HC-KAR

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pay the arrears of interim maintenance to the appellant from 22.10.2021 till date, at the rate of Rs.1,50,000/- per month.

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It appears from the order impugned that, I.A.No.11 was filed by the respondent No.1 under Order VII Rule 11(d) read with 151 of Code of Civil Procedure, 1908¹ to reject the petition of the petitioner for want of territorial jurisdiction of the Court. The I.A.No.11 was allowed and the petitioner was directed to be returned to the petitioner for its presentation before the jurisdictional Court within a period of one month.

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It is stated by the learned counsel for the parties that the petition of the appellant under Section 13(1)(i) and (i-a) of the Hindu Marriage Act, 1955² has been re-presented before the competent Court.

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1 CPC

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2 H.M. Act

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4 - NC: 2025:KHC:39864-DB MFA No. 675 of 2025

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HC-KAR

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Today, a Joint Compromise Petition under Order

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XXIII Rule 3 read with Section 151 of CPC has been filed in Court, which is taken on record.

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The signatories to the agreement are the aforesaid appellant and Respondent No.1. It is jointly contended by the counsel for the parties that, by means of this agreement/compromise, the parties have sought to settle their differences and the compromise also completely addresses the various disputes pending between the parties in various courts of law, including this High Court. The aforesaid agreement/compromise has been signed on each page by the appellant and the Respondent No.1, and their signatures have been identified on page 9, by their respective advocates.

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We have perused the terms of the settlement as appearing in the aforesaid agreement/compromise. The parties are present in Court, who state that they have made their signatures on each page of their compromise petition and they have filed the photo copies of their

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5 - NC: 2025:KHC:39864-DB MFA No. 675 of 2025

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HC-KAR

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Aadhar Card/PAN Card, which have been duly signed by them and verified by their respective advocates.

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Given the fact that the application/petition for divorce is stated to have been already re-presented before the appropriate Court, in pursuance of the impugned order of 26.11.2024, the counsel for the parties state that the parties are not at an issue that the instant petition has been rendered infructuous. However, they pray that the compromise petition be taken on record. The joint compromise petition is accepted by the Court.

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We find, however, that among the several terms of settlement which have been mentioned in the joint compromise petition, a prayer has also been made to dissolve the marriage solemnized between the appellant and the Respondent No.1 on 11.02.2001 at Miraj in Maharashtra State. Since this Court is not in seisen of the petition filed by the appellant before the Family Court that has been re-presented pursuant to the order dated 26.11.2024 passed by the Family Court, no decree can be

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6 - NC: 2025:KHC:39864-DB MFA No. 675 of 2025

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HC-KAR

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passed by this Court with regard to dissolving the marriage. However, the dissolution of marriage as well as the other terms in the joint compromise petition can well be dealt with by the Court which is in seisen of the divorce petition, in accordance with law, which is stated to be pending before the II Additional Senior Civil Judge, Bengaluru Rural District, being M.C.No.9/2025. As regards the other terms of settlement, the parties shall act upon it and not create any situation that may lead to any other dispute arising between them. All steps shall be taken expeditiously, so that the matter can be concluded successfully and satisfactorily.

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The parties are directed to approach the Court concerned before which the divorce petition is pending on 29.10.2025. If by chance, the Court is not available or is not functioning on 29.10.2025, the parties shall appear on the next working day.

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NC: 2025:KHC:39864-DB MFA No. 675 of 2025

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HC-KAR

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The parties shall be present in Court when the Court assembles and shall make appropriate application/s along with the certified copy of the order passed today.

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The Registrar concerned is requested to send the original of the Joint Compromise Petition to the Court concerned after retaining a copy of the same.

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It shall be open for the Family Court to pass necessary orders in accordance with law and expeditiously, in respect of the Joint Compromise Petition, which will form part of the decree.

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Subject to the aforesaid observations, this appeal stands disposed of.

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Sd/(JAYANT BANERJI) JUDGE

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Sd/(K. V. ARAVIND) JUDGE

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MV,KGR List No.: 1 Sl No.: 6

Smt. Deepali Lengade v. Sri. Sandeep Lengade

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Smt. Deepali Lengade v. Sri. Sandeep Lengade

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