Karnataka High Court
Smt. Mamata W/O Ningappa Hallibarki vs Shri. Ningappa S/O Tirukappa ... on 26 July, 2024
Author: S.G.Pandit
Bench: S.G. Pandit
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NC: 2024:KHC-D:10640-DB
MFA No.104232 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH 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. 104232 OF 2022 (FC-)
BETWEEN:
SMT. MAMATA W/O. NINGAPPA HALLIBARKI,
AGE. 35 YEARS, OCC. HOUSEHOLD WORK,
R/O. C/O INDRAVVA SINGANNAVAR,
NEAR GALEMMAGUDI TEMPLE,
HAVERI-581128, TQ/DIST. HAVERI.
...APPELLANT
(BY SRI. A.S. PATIL, ADVOCATE)
AND:
SHRI. NINGAPPA S/O. TIRUKAPPA HALLIBARKI,
AGE. 47 YEARS,
OCC. RTD. SOLDIER,
R/O. KABBUR-581110
TQ/DIST. HAVERI.
...RESPONDENT
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
JAGADISH
TR THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT ACT,
Digitally signed by
PRAYING TO, SET ASIDE/MODIFY THE JUDGMENT & DECREE DTD
JAGADISH T R
Location: HIGH COURT
OF KARNATAKA
16.08.2022 PASSED BY THE HON'BLE PRINCIPAL JUDGE, FAMILY
DHARWAD BENCH
COURT, HAVERI IN MC NO.67/2021 AND TO ALLOW THIS APPEAL BY
PASSING APPROPRIATE ORDERS, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
S G PANDIT J., DELIVERED THE FOLLOWING:
CORAM:HON'BLE MR. JUSTICE S.G. PANDIT
AND
HON'BLE MR. JUSTICE G.BASAVARAJA
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NC: 2024:KHC-D:10640-DB
MFA No.104232 of 2022
ORAL JUDGMENT
(PER: HON'BLE S.G.PANDIT) The appellant is in appeal under Section 19(1) of the Family Courts Act, 1984 questioning the correctness and legality of judgment and decree dated 16.08.2022 passed in MC No.67/2021 on the file of the Principal Judge, Family Court, Haveri, by which, petition filed by the respondent under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 is allowed and marriage of the appellant and respondent solemnized on 17.05.2005 is dissolved by way of decree of divorce. Further, it has observed the petitioner is entitled to visiting right towards his children.
2. The appellant-Smt. Mamata along with her counsel Sri. A.S. Patil, so also respondent-Sri. Ningappa along with his counsel Sri. Hanumanthareddy Sahukar are present before the Court.
3. Both learned counsel for the parties would submit that during the pendency of appeal, with the intervention of elders, the appellant and respondent have agreed to settle their dispute between them and accordingly, compromise petition -3- NC: 2024:KHC-D:10640-DB MFA No.104232 of 2022 under Order XXIII Rule 3 read with Section 151 of CPC is filed. Terms of the compromise reads as under:
"2. That the Respondent/Husband has agreed to pay an Amount of Rs. 18 Lakhs (Rupees Eighteen Lakhs Only) towards Permananet Alimony to the Appellant/Wife. Out of the said amount of Rs.18 Lakhs (Rupees Eighteen Lakhs Only) Further the Respondent/Husband undertakes to pay Rs.9 Lakhs (Rupees Nine Lakhs only) within 1 month i.e., on or before 26.08.2024 and the remaining Rs.9 Lakhs (Rupees Nine Lakhs only) within 1 month i.e., on or before 26.09.2024 as permanant alimony towards the Appellant/Wife.
3. That the Respondent/Husband has agreed to pay an Amount of Rs.5,000/- (Rupees Five Thousand Only) in favour of Kumar Chidananada S/o Ningappa Hallibarki who is the son of Appellant/Wife and Respondent/Husband, towards the maintenance and the Respondent/Husband has agreed to pay till the son attains the age of majority.
4. That the Respondent/Husband has agreed to pay an Amount of Rs.6,000/- (Rupees Six Thousand Only) each in favour of his two daughters namely Kumari Puspha D/o Ningappa Hallibarki and Kumari Neha D/o Ningappa Hallibarki towards their maintenance per month respectively and the Respondent/Husband has agreed to pay till the date of the marriage of his daughters respectively.
5. Further the Respondent/Husband undertakes to the pay maintenance towards his children as agreed upon supra i.e., an Amount of Rs.5,000/- (Rupees Five Thousand Only) in favour of Kumar Chidananada S/o Ningappa Hallibarki till the son attains the age of majority and an Amount of Rs.6,000/- (Rupees Six Thousand Only) each in favour of Kumari Puspha D/o Ningappa Hallibarki and Kumari Neha D/o Ningappa Hallibarki towards their monthly maintenance respectively till the date of the marriage of his daughters respectively, on or before 5th day of Every month. It is further agreed -4- NC: 2024:KHC-D:10640-DB MFA No.104232 of 2022 upon between Appellant/Wife and Respondent/Husband that there shall be no claim with respect to payment of Arrears in so far as to maintenance is concerned in respect of Reptitiners No. 2 to 4 are concerned who are minor children in RPFC No.100085/2021 which is pending for consideration before this Hon'ble Court. The appellant/wife and repondent/husband agreed to file the compromise petition in RPFC No.100085/2021 in terms of compromise as stated in para No. 5 of this compromise petition on or before 30.9.2024 by the parties.
6. Further the Respondent/Husband undertakes to transfer/remit the permanent alimony and monthly maintenance payable towards his children as agreed thereof to the Savings Bank Account No. 36473141210 SBIN0001825 State Bank of India, Haveri Branch which is standing in the name of appellant on or before the stipulated date.
7. The Appellant/Wife has agreed to accept the Amount of Rs. 18 Lakhs (Rupees Eighteen Lakhs Only) towards Permanant Alimony as mentioned above from the Respondent/Husband by undertaking that she will not claim any rights or maintenance or property rights against the Respondent/Husband or his family members. Further Appellant/wife shall not institute any proceedings either civil or criminal against the Respondent/Husband or his family members in future.
8. Further Appellant/Wife in view of the compromise Petition has wilfully agreed for disolution of marriage with Respondent/Husband which was soleminized on 17.05.2005.
9. Further Appellant/Wife agreed that she will not claim any rights in OS No. 143/2022 pending consideration before Hon'ble Principal Senior Civil Judge and CJM Haveri which is filed by the Appellant/Wife for Partition and Separate Possession. However, Appellant/Wife is entitled to prosecute the said suit on behalf of her minor children.
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NC: 2024:KHC-D:10640-DB MFA No.104232 of 2022
10. Further Appellant/Wife in viewing of arriving at compromise with the Respondent/Husband in this instant appeal has hereby agreed to enter into compromise in RPFC No. 100085/2021 pending consideration before this Hon'ble Court to the effect that Appellant/Wife shall not claim for maintenance either in entirety or in any part or arrears in view of the acceptance of permanent alimony from Respondent/Husband in this appeal.
11. It is hereby agreed that no suit/Petition/case shall be instituted against each other by the Appellant/Wife or Respondent/Husband on the same cause of action.
12. It is hereby agreed that parties to this compromise petition shall not lay their claims against each other respectively and shall therefore withdraw the allegations against each other."
4. We have perused the terms of the compromise. On perusal of the same, it is seen that terms of the compromise are in accordance with law and in the interest of appellant and respondent as well as their children. The respondent/husband has agreed to pay a sum of Rs.18 lakhs towards permanent alimony to the appellant/wife. Out of the said amount of Rs.18 lakhs, the respondent has undertaken to pay a sum of Rs.9 lakhs within one month from today i.e. on or before 26.08.2024 and remaining amount of Rs.9 lakhs, within one month thereafter i.e., on or before 26.09.2024. Further, the respondent has agreed to pay sum of Rs.5,000/- per month in favour of his son Chidananda till he attains the age of majority -6- NC: 2024:KHC-D:10640-DB MFA No.104232 of 2022 and a sum of Rs.6,000/- each in favour of his two daughters viz., Kumari Pushpa and Neha towards their educational expenses till they get married. The respondent/husband has also agreed to remit the above stated amount on or before 5th of every month to the Savings Bank Account No.36473141210, State Bank of India, Haveri Branch, IFSC Code:SBIN0001825, which is standing in the name of the appellant/wife. The appellant has stated that she has no other claim on receipt of Rs.18 lakhs as permanent alimony. In case of default of payment of aforesaid amount as stated by the respondent/husband, the appellant is at liberty to recover the same along with interest by proceeding against the respondent/husband by filing execution, as if it is a money decree and also by attaching pension of the respondent/husband, who is an Ex-service man. The Compromise petition is placed on record.
5. The appeal stands dispose off in terms of the compromise and the judgment and decree dated 16.08.2022 passed in MC No.67/2021 on the file of the Principal Judge, Family Court, Haveri is modified in terms of the compromise. The marriage between the appellant and respondent -7- NC: 2024:KHC-D:10640-DB MFA No.104232 of 2022 solemnized on 17.05.2005 is hereby dissolved by decree of divorce in terms of compromise. The respondent/husband is entitled to visiting right towards his children as ordered by the Family Court. Draw modified decree accordingly.
Sd/-
JUDGE Sd/-
JUDGE JTR List No.: 1 Sl No.: 8