Karnataka High Court
Smt.Nirmala W/O Prakash ... vs Sri.Prakash S/O Girimallappa ... on 12 July, 2021
Author: S.G.Pandit And M.G.S.Kamal
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF JULY 2021
PRESENT
THE HON'BLE MR.JUSTICE S.G.PANDIT
AND
THE HON'BLE MR.JUSTICE M.G.S.KAMAL
M.F.A. NO.201826/2015 (FC)
BETWEEN:
Smt.Nirmala W/o.Prakash Padashetti
Age: 26 years, Occ:Household work
R/o.Yogapur Colony,
Sindagi bypass Road
Vijayapur-586 103. ... Appellant
(By Sri Biradar Viranagouda, Advocate)
AND:
Sri.Prakash S/o.Girimallappa Padashetti
Age:39 years, Occ: Service in KEB
R/o.(KEB) HESCOM Office
Sindagi, Dist.Vijayapur-586 128. ... Respondent
(By Sri Sudarshan M, Advocate)
This Miscellaneous First Appeal is filed under Section
19(1) of the Family Courts Act, 1984 praying to allow this
appeal by setting aside the judgment and decree dated
13.11.2015 passed by the Judge, Family Court at Vijayapur
in M.C.No.187/2014 and consequently dismiss the
M.C.No.187/2014 with costs throughout.
This Miscellaneous First Appeal is coming on for Final
Hearing this day, S.G.Pandit J., delivered the following:
2
JUDGMENT
This appeal is filed by the wife under Section 19(1) of
the Family Courts Act, 1984 assailing the judgment and
decree dated 13.11.2015 passed by the Judge, Family Court
at Vijayapura in M.C.No.187/2014 allowing the petition filed
by the respondent/Husband under Section 13(1),(i-a) and (i-
b) of the of Hindu Marriage Act, 1955 dissolving the marriage
of the appellant and respondent.
2. Heard the learned counsel appearing for the appellant
Sri.Biradar Viranagouda and the learned counsel appearing
for the respondent Sri.Sudarshan M.
3. The appellant Smt.Nirmala and respondent
Sri.Prakash Padashetti along with their Ward Kum.Shanta
are present before the Court.
4. Learned counsel for both the parties submit that
during the pendency of the appeal, at the intervention of the
well-wishers, friends and relatives, both parties have arrived
at a settlement and they have filed compromise petition
under Order XXIII Rule 3 of the Code of Civil Procedure,
1908. It is stated that, today the respondent-Husband paid
a sum of Rs.1,38,000/- (Rupees one lakh thirty eight
thousand only) towards arrears of maintenance which was
due by the Husband and the same is acknowledged by the
appellant-Wife. The respondent-Husband has agreed to
transfer the house property bearing Sy.No.33A-2/116A/Plot
Nos.31 + 32 in the joint name of the appellant and daughter
Kum.Shanta and also to pay a sum of Rs.5,00,000/-
(Rupees five lakhs only) through a D.D. bearing No.348591
dated 12.07.2021. It is also agreed that property would be
transferred in the name of the appellant-wife and daughter-
Kum.Shanta within a period of three months from today.
5. The terms and conditions of the compromise petition
reads as follows:
"(1) Both the parties agree and accept that
as per the impugned judgment dated 13.11.2015
passed in M.C.No.187/2014, the marriage
between the Appellant and Respondent
solemnized on 24.02.2008 at KEB Samudaya
Bhavan, Bagalkot Road, Vijayapur has been
dissolved. Either parties are at liberty to marry of
their own choice from today onwards.
(2) Permanent Alimony of House Property
bearing Sy.No.33A-2/116A/Plot No.31 + 32 along
with Rs.5,00,000/- (Rupees Five Lakhs only),
towards both the Appellant/Wife and Daughter-
Shanta and the said Rs.5,00,000/- (Rupees Five
Lakhs only) shall be kept in FD in favour of Minor
Daughter Shanta till she attains the majority, and
accordingly the respondent-husband has handed
over the D.D. bearing No.348591 dated
12.07.2021 issued by SBI Bank, High Court of
Karnataka, Kalaburagi Bench towards the final
settlement and also arrears of maintenance, the
same has been acknowledged by the appellant
wife along with daughter.
(3) The respondent-husband is duty bound
to transfer the above said house property in
favour of appellant-wife within three months from
today with all necessary expenditure shall be
incurred by the respondent-husband for transfer
of ownership, which stands in joint ownership of
this respondent-husband along with his brother.
The said property has to be transferred without
any alteration or any modification with the
existing structure as on today.
(4) The Appellant/Wife has also agreed to
take complete responsibility of their minor
daughter Shanta, the minor daughter Shanta's
custody will be with the Appellant/Wife only and
further her schooling and marriage
responsibilities etc., will be taken care of by the
Appellant/Wife only. The Appellant/Wife has
agreed to allow her husband/Respondent to meet
the daughter Shanta once in a month at the
convenient of both on Child's School Holiday at
Vijayapura only till the Child attains majority.
(5) The Appellant/Wife has agreed to
withdraw P.C.No.124/2017, pending on the file
of III Addl.JMFC, Vijayapur.
(6) The Appellant/Wife and her daughter
have no claim whatsoever against the Claimants.
Similarly, the Respondent/husband has no claim
whatsoever against the Appellant. Both the
parties have mutually exchanged all the articles
and belonging on their own. Both the parties
have withdrawn all the pending allegations made
against each other and against their family
members before any court of law or judicial and
non judicial authorities, this Hon'ble Court and all
other Judicial Forum and Authorities.
(7) The Appellant and Respondent have
entered into this Compromise Petition on their
own volition, without any influence, force or
coercion by either side, after understanding the
contents of the Compromise Petition."
6. On going through the above terms and conditions of
the compromise petition, we are satisfied that the terms and
conditions are in accordance with law. The said compromise
petition is taken on record and the appeal is disposed of as
per the terms and conditions stated above.
7. Terms and conditions No.3 states that the property
agreed to be transferred in the joint name of the
appellant/wife and daughter-Kum.Shanta stands in the
name of respondent-Husband and his brother Sri.Basavaraja
Padashetti son of Girimallappa Padashetti. Sri.Basavaraja
Padashetti is present before the Court and also filed an
affidavit of undertaking to transfer the property in question
along with his brother in the name of the appellant and her
daughter Kum.Shanta. If the property is not transferred
within a period of three months from today as undertaken
above, the appellant is at liberty to execute the above
undertaking as if it is a decree of the Court.
8. The compromise petition is signed by both the
appellant/wife and respondent/husband as well as their
respective counsel who have identified the appellant and
respondent.
With the above, the appeal stands disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
mpk/-*
