Karnataka High Court
Smt.Prema W/O Shankar Bagewadi vs Shri.Shankar S/O Bhimappa ... 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
MFA No.104025/2019 (MC)
CW
CRL.RP NO.100030/2021
IN MFA NO.104025/2019
BETWEEN:
SMT. PREMA W/O SHANKAR BAGEWADI,
AGE: 31 YEARS, OCC: PRIVATE SERVICE,
C/O: MALLAPPA SIDDAPPA HEGGANAVAR,
R/O: KOUJALAGI, TALUK: BELAGAVI,
DIST: BELAGAVI - 590 001.
...APPELLANT
(BY SRI SHIVARAJ P. MUDHOL, ADVOCATE)
AND
SRI SHANKAR S/O BHIMAPPA BAGEWADI,
AGE: 35 YEARS, OCC: SERVICE,
R/O: DONAWAD, TALUK: CHIKKODI,
DIST: BELAGAVI - 590 001.
NOW PRESENT ADDRESS:
SRI SHANKAR S/O BHIMAPPA BAGEWADI,
AGE: 35 YEARS, OCC: SERVICE,
C/O: COMMANDING OFFICER,
323, A.D. REGIMENT,
2
56, PUNE, AT PUNE - 411 002,
MAHARASHTRA STATE.
...RESPONDENT
(BY SRI SRINAND A. PACHHAPURE, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 28(1) OF THE
HINDU MARRIAGE ACT, AGAINST THE JUDGEMENT AND
DECREE DATED 02.04.2019, PASSED IN MATRIMONIAL CASE
NO.35/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE,
CHIKKODI, ALLOWING THE PETITION FILED UNDER SECTION
9 OF THE HINDU MARRIAGE ACT, 1955.
IN CRL.RP NO.100030/2021
BETWEEN
SRI SHANKAR S/O BHIMAPPA BAGEWADI
AGE: 38 YEARS, OCC: DEFENCE SERVICE,
R/O: NOW AT DONAWAD VILLAGE,
TAL: CHIKODI, DIST: BELAGAVI - 591 201.
...PETITIONER
(BY SRI SRINAND A. PACCHAPURE, ADVOCATE)
AND
SMT. PREMA W/O SHANKAR BAGEWADI,
AGE: 33 YEARS, OCC: HOUSEHOLD WORK,
R/O: C/O: MALLAPPA HEGGANNAVAR,
AT & POST: KOUJALAGI VILLAGE,
TAL: GOKAK, DIST: BELAGAVI - 591 307.
...RESPONDENT
(BY SRI SHIVARAJ P. MUDHOL, ADVOCATE)
THIS CRIMINAL REVISION PETITION IS FILED UNDER
SECTION 397 R/W 401 OF CR.P.C. SEEKING TO CALL FOR
THE RECORDS AND SET ASIDE THE ORDER DATED
03.10.2020 PASSED BY THE COURT OF XII ADDL. DISTRICT
AND SESSIONS JUDGE, BELAGAVI SITTING AT GOKAK IN
CRL.RP. NO.192/2019 MARKED AT ANNEXURE-A.
3
THIS MFA AND CRL.RP COMING ON FOR HEARING ON
I.A., THIS DAY, ANANT RAMANATH HEGDE J., DELIVERED
THE FOLLOWING:
JUDGMENT
In MFA No.104025/2019 I.A. No.1/2019 is filed for
condonation of delay 113 days in filing the appeal.
Accepting the reasons assigned in the affidavit,
I.A.No.1/2019 is allowed. Delay of 113 days in filing the
appeal is condoned.
2. The parties are referred to as per their ranking
before the trial Court.
3. The appeal is filed against the judgement and
decree dated 2nd April 2019 passed in M.C. No. 35/2017 on
the file of Senior Civil Judge, Chikodi. The petition filed by
the petitioner-husband seeking restitution of conjugal
rights is allowed. The respondent-wife preferred MFA
No.104025/2019 challenging the judgement and decree of
restitution of conjugal rights granted by the trial Court.
4. Brief facts are that the wife had filed
Crl.Misc.No.242/2014, on the file of Civil Judge & JMFC,
Mudalagi and the said petition is dismissed vide order
dated 23.11.2018. The said Crl.Misc.No.242/2014 was
called in question by filing Crl. R.P.No.192/2019 on the file
of XII Additional District and Sessions Judge Belagavi,
sitting at Gokak. The Cr.R.P.No.192/2019 is allowed vide
order dated 03.10.2020 and the petitioner-husband is
directed to pay a sum of Rs.10,000/- per month to the
respondent-wife. In addition, the cost of Rs.5,000/- is also
awarded. Challenging said order passed in Crl.
R.P.No.192/2019, the petitioner-husband filed Criminal
Revision Petition No.100030/2021.
5. The parties are present before the Court.
Learned counsel for the petitioner and respondent in both
the cases are also present before the Court.
6. The parties have settled their dispute and have
filed a compromise petition under Order 23 Rule 3 read
with Section 151 of the Code of Civil Procedure r/w an
application under Section 13-B of the Hindu Marriage Act
seeking dissolution of marriage in terms of mutual
consent.
7. We have perused the terms and conditions of
the compromise petition. The parties have withdrawn the
allegations made against each other. The parties are ready
to dissolve their marriage by a decree of divorce. The
petitioner-husband is willing to pay a sum of
Rs.11,50,000/- to the respondent-wife towards permanent
alimony and handed over 3 demand drafts.
8. Respondent-wife acknowledges receipt of 3
demand drafts for a sum of Rs.10,00,000/-. It is also
stated husband has handed over a post-dated cheque for
Rs.1,50,000.00 as full and final settlement. The wife also
acknowledges receipt of the above-said cheque bearing
No.157448 dated 14.05.2012 drawn on State Bank of
India for Rs.1,50,000.00.
9. We have gone through the terms and
conditions of the compromise petition. We are satisfied
with the terms and conditions incorporated in the
compromise petition. The parties have also agreed to the
terms and conditions of the compromise petition.
10. The parties have also filed application to waive
6 months waiting period to grant decree for divorce on
mutual terms. The parties are litigating for the last 4
years. This Court also taking note of the fact there is no
chance of resumption of marital relationship between the
parties is of the opinion that no purpose would be served if
the petition is kept alive for next 6 months. Hence
application to waive 6 months waiting period is granted.
11. Accordingly, an application under Section 13-B
of the Hindu Marriage Act seeking a decree of divorce by
mutual consent is allowed. The marriage of respondent-
wife and petitioner-husband solemnized on 15.02.2008 is
dissolved.
In view of the above, MFA No.104025/2019 and Crl.
R.P.No.100030/2021 are disposed of.
Pending applications, if any, do not survive for
consideration and accordingly, they are disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
SSP
