Sri. Raghotham vs Smt Maitri
2021 Latest Caselaw 6964 Kant

Citation : 2021 Latest Caselaw 6964 Kant
Judgement Date : 21 December, 2021

Karnataka High Court

Sri. Raghotham vs Smt Maitri on 21 December, 2021

Bench: B.Veerappa, K S Hemalekha

                            -1-


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 21ST DAY OF DECEMBER, 2021

                           PRESENT

            THE HON'BLE MR. JUSTICE B.VEERAPPA

                             AND

          THE HON'BLE MRS. JUSTICE K S HEMALEKHA

                  M.F.A. NO.2558 OF 2019 (FC)

BETWEEN:

SRI RAGHOTHAM
S/O LATE PRAHALADACHAR
AGED 36 YEARS
NO.1294, ESHAVYASA NILAYA
6TH MAIN ROAD, 5TH CROSS
K.N.LAYOUT, YESHWANTHAPUR
BANGALORE-560 022
                                                    ... APPELLANT
(BY SRI. MANJUNATH B.R, ADV)

AND:

SMT. MAITRI
W/O RAGHOTHAM
AGED 32 YEARS
RESIDING AT: NO.56,
SRI SRINIVASA NILAYA
HARSHA LAYOUT KENGERI
BANGALORE-560 060.
                                               ... RESPONDENT

(BY SRI. PRAMOD N. KATHAVI, SENIOR COUNSEL A/W
    Ms. RACHANA BHARADHWAJ R, ADV)

       THIS MFA IS FILED UNDER SECTION 19(1) OF THE
FAMILY    COUTS    ACT,   PRAYING   TO   a)   SET    ASIDE   THE
JUDGMENT       AND    DECREE        DATED     29.01.2019      IN
                                 -2-


M.C.NO.1862/2015 PASSED BY THE VI Addl. PRINCIPAL
JUDGE, FAMILY COURT AT BANGALORE; b) AND PASS SUCH
OTHER ORDERS AS THIS HON'BLE COURT DEEMS FIT IN THE
INTEREST OF JUSTICE AND EQUITY.


      THIS MFA COMING ON FOR FINAL HEARING THIS DAY,
B.VEERAPPA J., DELIVERED THE FOLLOWING:


                          JUDGMENT

This MFA is filed by the appellant/husband against the

Judgment and decree dated 29.01.2019 in M.C.No.1862/2015

on the file of VI Addl. Prl. Judge, Family Court, Bengaluru,

allowing the petition filed by wife under Section 13(1) (ia) of

the Hindu Marriage Act, 1955 granting decree of divorce.

2. Today, learned counsel for appellant and learned

Senior counsel Sri. Pramod N Kathavi for learned counsel Ms.

Rachana Bharadhwaj R, appearing for respondent/wife filed

the compromise petition under Order 23 Rule 3 read with

Section 151 of the Code of Civil Procedure, 1908, duly signed

by both the parties and agreed for dissolution of marriage

between them. The terms of compromise petition reads as

under:-

"xxx ii. That, the Appellant shall withdraw unconditionally the proceedings instituted by him in

G & W.C.No.165 of 2015, which is pending before the 1st Additional Family Court, at Bengaluru and he shall not claim or demand custody of their child Kum.

Bruhati Raghotham, who is aged about 11 years and who has been living with the respondent right from her birth and shall not demand or claim any rights to visit her (Kum. Bruhati Raghotham), at any time hereafter.

iii. That, the respondent shall not interfere with the life of the respondent or of their daughter, Kum. Bruhati Raghotham in any manner at any point in time in future.

iv. That, the Appellant and the Respondent shall take such steps as are permissible in law to bring about a closure to the proceedings in C.C.No.5261 of 2016, pending before the XXIV Additional Chief Metropolitan Magistrate, Bengaluru.

v. That, the respondent shall not claim any sum on any head of account from the Appellant either towards maintenance of herself or of her daughter, Kum. Bruhati, or for a permanent alimony at present or at any point in time in future.

vi. That, the parties to these proceedings or anybody claiming through or under them shall not have any claim against each other on any head of account or against their respective properties- moveable or immoveable-which have come in to

their possession or are likely to come into their possession at any point in time in future.

vii. That, neither the appellant nor the respondent to these proceedings has given any ornaments-gold or silver or of any other precious or semi-precious metal or material-to each other at any time, either prior to their marriage or during subsistence thereof and hence, they are not claiming anything from each other.

viii. That, the parties to these proceedings hereafter are at liberty to marry anybody of their choice, if they so desire and either of them will not have any objection there to. They shall not interfere with the life of each other in any manner.

ix. That, the parties to these proceedings withdraw unconditionally all the allegations made against each other in any proceedings so far instituted and pending in any Court of Law.

x. That, the parties to these proceedings pray to this Hon'ble Court for a disposal of the above Miscellaneous First Appeal filed by the appellant against the decree of divorce dated 29.01.2019 granted by the 1st Additional Family Court, Bengaluru in M.C. No.1862 of 2015 in terms of this Compromise Petition.

Xi. This compromise petition is executed by the parties to these proceedings out of their own free will and volition without any force, coercion, threat, duress or undue influence from anybody or any quarter whatever."

3. The compromise petition is placed on record.

4. When the Court queried both the parties, both

appellant and respondent present before court submitted in

terms of compromise petition. Their submission is placed on

record.

5. In view of the above, we pass the following:-

ORDER

1) The appeal is disposed of.

2) Judgment and decree dated 29.01.2019 on the

file of VI Addl. Prl.Judge, Family Court,

Bengaluru allowing the petition for grant of

decree of divorce is hereby modified.