Karnataka High Court
Sujitkumar S/O Appasaheb Tare vs Smt. Akshata on 1 July, 2024
Author: S G Pandit
Bench: S G Pandit
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NC: 2024:KHC-D:8935-DB
MFA No.104729 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
MISCELLANEOUS FIRST APPEAL NO.104729 OF 2023 (FC)
BETWEEN:
SUJITKUMAR
S/O. APPASAHEB TARE
AGE. 37 YEARS, OCC. SERVICE,
R/O. A/P. UDAGAON,
TQ. SHIROL, DIST. KOLHAPUR,
STATE. MAHARASHTRA-416101.
...APPELLANT
(BY SRI. SAURABH A. SONDUR, ADVOCATE)
AND:
SMT. AKSHATA
W/O SUJITKUMAR TARE
BEFORE MARRIAGE AKSHATA
JAGADISH
TR D/O. ASHOK JAKKANNAVAR
Digitally signed by
AGE. 29 YEARS, OCC. PRIVATE JOB,
JAGADISH T R
Location: HIGH
COURT OF
R/O. #542/A2, KULKARNI GALLI,
KARNATAKA
DHARWAD BENCH
TQ AND DIST. BELAGAVI-590001.
...RESPONDENT
(BY SRI. VITTAL S. TELI, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 19(1) OF THE FAMILY
COURTS ACT, PRAYING TO, ALLOW THIS APPEAL AND SET ASIDE THE
JUDGMENT AND DECREE DATED 29.09.2023 PASSED BY THE I
ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI, IN MC
NO.590/2021 AND DISMISS THE PETITION FILED BY THE PETITIONER.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
S G PANDIT, J., DELIVERED THE FOLLOWING:
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MFA No.104729 of 2023
JUDGMENT
This appeal under Section 19(1) of the Family Courts Act is directed against the judgment and decree dated 29.09.2023 passed in M.C.No.590/2021 on the file of the I Additional Principal Judge, Family Court, Belagavi, wherein the petition of respondent is allowed and the marriage of the appellant and the respondent is dissolved by decree of divorce.
2. The respondent-husband is in appeal questioning the divorce granted under the above said judgment and decree.
3. Sri. Sourabh A.Sondur, learned counsel for the appellant and Sri. Vitthal S.Teli, learned counsel for the respondent are present before the Court. The appellant- Sri.Sujitkumar and the respondent-Smt.Akshata, are present before the Court. The parties are identified by their respective counsels. The brother of the appellant viz., Sri. Chetankumar Tare, who filed the complaint against the -3- NC: 2024:KHC-D:8935-DB MFA No.104729 of 2023 respondent and family members, in R.C.C. No.134/2022 pending on the file of 3rd Joint CJJD JMFC, Jayasingpur, is also present before the Court.
4. The parties admit entering into compromise and accordingly compromise petition is filed under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. The terms of the compromise petition, at paragraphs 4 and 5, read as under:
"4. It is submitted that, during pendency of the present Appeal, with the intervention of elders and well wishers of the family of either parties the parties hereto have amicably resolved all the dispute between themselves and wish to enter into compromise on following terms:
i. The Appellant herein has agreed to withdraw the present Appeal thereby accepting dissolution of marriage with Respondent vide Judgment and Decree dated:29/09/2023 passed by the I Addl. Prl. Judge, Family Court, Belgavi, in M.C. No. 590/2021.
ii. The Respondent herein has agreed to co-operate with the Appellant and his family members in withdrawing or getting compounded/getting quashed the proceedings Initiated in C.C. No. 449/2021 pending on the file of J.M.F.C.-II Court, Belagavi, which is registered for offences punishable under Sections 498-A, 323, 504, 506 R/w. Section 34 of IPC.-4-
NC: 2024:KHC-D:8935-DB MFA No.104729 of 2023 iii. The Appellant has further agreed to ensure that his brother will co-operate with the Respondent and her family members in withdrawing or getting compounded/getting quashed the proceedings initiated R.C.C. No. 134/2022 pending on the file of 3rd Joint CJJD JMFC, Jayasingpur, which is registered for offences punishable under Section 389, 500, 442, 451, 441, 384, 323, 504, 506 R/w. Section 34 of IPC.
iv. The Respondent has further agreed that she will not claim any rights in whatsoever manner in the properties belonging to the Appellant either movable or immovable pursuant to dissolution of her marriage with the Appellant.
v. The Appellant has also further agreed that he does not have any claims against the Respondent/wife in any manner whatsoever.
vi. The Respondent has further voluntarily agreed that she will not claim any alimony from the appellant herein, either permanent or future, pursuant to dissolution of marriage.
vii. The Appellant as well as the Respondent hereby agree that they shall not interfere in the lives of each other, in any manner whatsoever, pursuant to decree of dissolution of marriage.
5. The above compromise petition has been read over to the parties by the respective counsels and the parties herein have signed the above petition after understanding all the terms and conditions mentioned in the above petition. The compromise arrived at is voluntary and out of free consent of both the parties herein keeping in mind the interest of both the parties."
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5. On going through the terms of the compromise, we are satisfied that terms are in accordance with law and are in the interest of the parties.
6. In terms of the compromise petition, the appeal stands disposed of, and the impugned judgment and decree dated 29.09.2023 passed in M.C.No.590/2021 by the I Additional Principal Judge, Family Court, Belagavi, is confirmed.
Sd/-
JUDGE Sd/-
JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 44