Karnataka High Court
Smt. Veena Hakkal W/O Veeresh D.B vs Sri. Veeresh S/O Durugappa ... on 14 February, 2022
Bench: S G Pandit, Anant Ramanath Hegde
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 14TH DAY OF FEBRUARY, 2022
PRESENT
THE HON'BLE MR. JUSTICE S.G. PANDIT
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
CCC No. 100153/2021 (CIVIL) C/W
M.F.A. No. 100830/2021 (FC)
IN CCC No. 100153/2021:
BETWEEN:
SMT. VEENA HAKKAL,
W/O VEERESH D.B,
AGED ABOUT 27 YEARS,
OCC.: HIGH SCHOOL TEACHER,
R/O GOVT. HIGH SCHOOL RH NO.4
(BANGALI COLONY), POST: JAWALAGERI,
TQ-SHINDHANUR, DIST-RAICHUR AND
R/O VIDYANAGAR, KUSTAGI-583 231,
TQ-KUSTAGI, DIST-KOPPAL.
- PETITIONER/ COMPLAINANT
(BY SRI. RAJASHEKHAR BURJI, ADVOCATE)
AND:
SRI VEERESH S/O DURUGAPPA BACHANAKYARA
(DOMBAR), AGED ABOUT 32 YEARS,
OCC: PRIMARY SCHOOL TEACHER,
R/O KINNAL, TQ & DIST: KOPPAL-583 231.
- RESPONDENT/ ACCUSED
(BY SRI. C.S. PATIL AND
SRI RAJASHEKAR R. GUNJALLI, ADVOCATES)
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THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE
CONTEMPT OF COURT ACT PRAYING TO PUNISH THE ACCUSED FOR
DISOBEDIENCE OF THE ORDER OF THIS COURT IN M.F.A. NO.
100830/2021 DATED 18.08.2021 & ETC.
IN M.F.A. NO. 100830/2021:
BETWEEN:
SMT. VEENA HAKKAL W/O VEERESH D.B,
AGE: 27 YEARS, OCC: HIGH SCHOOL TEACHER,
R/O GOVT. HIGH SCHOOL RH NO. 4
(BANGALI COLONY), POST: JAWALAGERI,
TQ-SHINDANUR, DIST-RAICHUR AND
R/O VIDYANAGAR, KUSTAGI, TQ-KUSTAGI,
DIST-KOPPAL - 583 231.
- APPELLANT
(BY SRI. GURUBASAVARAJ S.M, ADVOCATE)
AND:
SRI VEERESH S/O DURUGAPPA BACHANAKYARA
(DOMBAR), AGE: 32 YEARS,
OCC: PRIMARY SCHOOL TEACHER, R/O KINNAL,
TQ & DIST-KOPPALA-583 231.
- RESPONDENT
(BY SRI. RAJASHEKAR R. GUNJALLI, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION
19(1) OF THE FAMILY COURT ACT PRAYING TO SET ASIDE THE
JUDGMENT AND DECREE DATED 25.02.2021 PASSED BY THE
LEARNED PRINCIPAL JUDGE, FAMILY COURT AT KOPPALA IN M.C. NO.
153/2020 & ETC.
THIS CCC ALONG WITH MISCELLANEOUS FIRST APPEAL
COMING ON FOR ORDERS THIS DAY, S.G. PANDIT J., PASSED THE
FOLLOWING:
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ORDER
M.F.A. No. 100830/2021 is filed u/S 19(1) of the Family
Court Act challenging the judgment and decree dated
25.02.2021 passed in M.C. No. 153/2020 by the learned
Principal Judge, Family Court at Koppal by which the petition
filed u/S 13(1)(ia)(ib) of the Hindu Marriage Act is allowed and
the marriage between the appellant and the respondent dated
04.05.2017 is dissolved by granting a decree of divorce.
2. Both the appellant and respondent are present before the
Court. They are identified by their respective counsel. Both
submit that on their own volition have entered in to compromise
in terms of compromise petition dated 04.02.2022. Today, the
respondent-husband hands over to the appellant-wife, a demand
draft dated 11.02.2022 bearing No. 777097 in a sum of
`7,50,000/- drawn on State Bank of India, Kinnal Branch, which
the appellant-wife acknowledges.
3. Further, on behalf of the respondent-husband, learned
counsel Sri Rajashekhar Gunjalli submits that the respondent-
husband undertakes to pay balance amount of `7,50,000/- as
agreed to as permanent alimony on 04.04.2022 through RTGS.
The said undertaking is taken on record.
4. The compromise petition filed under Order 23 Rule 3 CPC
signed by both parties as well as their respective counsel is
taken on record. Further, it is also submitted by the learned
counsel for respondent-husband that the respondent-husband
would withdraw all the allegations in respect of the cruelty as
alleged in the petition filed before the Family Court under
Section 13(1)(ia)(ib) of the Hindu Marriage Act.
5. On going through the terms and conditions of the
compromise we are satisfied that the same are lawful.
Accordingly, compromise petition is allowed. Appeal is disposed
of in terms of the compromise petition. Judgment and decree of
divorce granted under judgment and decree dated 25.02.2021 in
M.C. No. 153/2020 is modified in terms of the compromise.
Consequently, contempt petition would no more survive for
consideration and the same is disposed off.
Sd/-
JUDGE
Sd/-
JUDGE
bvv
