Smt. Bhudevi W/O Channappa vs Sri. Channappa @ Basavantappa S/O ...
2022 Latest Caselaw 1002 Kant

                                               RPFC 100073/2017

                             -1-




            IN THE HIGH COURT OF KARNATAKA
                    DHARWAD BENCH

         DATED THIS THE 21ST DAY OF JANUARY 2022

                           BEFORE

       THE HON'BLE MR.JUSTICE S.VISHWAJITH SHETTY

                   RPFC.No.100073/2017

BETWEEN:

Smt. Bhudevi,
W/o Channappa @ Basavantappa Katti,
Age: 66 years, Occ: Nil,
R/o Navalur,
Tq. & Dist. Dharwad - 580 009.                ..PETITIONER

(By Sri Suresh Shettemmanavar &
    Sri Santosh H.Mikli, Advs.)

AND:

Sri Channappa @ Basavantappa,
S/o Ningappa Katti,
Age: 81 years, Occ: Agriculture,
R/o Navalur,
Tq. & Dist. Dharwad - 580 009.                ..RESPONDENT

(By Sri R.H.Angadi, Sri Prakash R.Badiger &
    Sri G.C.Hiremath, Advs.)


      This RPFC is filed under Section 19(4) of the Family
Courts Act, against the judgment and order dated 11.05.2017
in Crl. Misc. No.184/2016, on the file of the Principal Judge,
Family Court, Dharwad, allowing the petition filed under
Section 127 of Cr.PC.

     This petition coming on for Orders, this day the Court
made the following:-
                                            RPFC 100073/2017

                            -2-




                           ORDER

1. Learned Counsel for the petitioner-wife and the

learned Counsel for the respondent-husband have jointly

submitted that the dispute between the parties to this

petition has been amicably settled out of court at the

intervention of their elders and well-wishers and they

submit that the parties have filed a compromise petition

before this Court, and therefore, the revision petition may

be disposed of in terms of the same.

2. The compromise petition filed by the petitioner and

the respondent dated 18.01.2022 has been signed by the

parties as well as by their respective advocates. The terms

of the compromise petition reads as under:

a) The respondent and petitioner are husband and wife, both are living separately since 30-35 years. Both parties are age old couples, to avoid unnecessary legal proceedings in future, in presence of elders and well-wishers, the matter is settled amicably.

RPFC 100073/2017

b) It is submitted that in view of amicable settlement between the parties, the respondent has agreed to give permanent alimony of `10,50,000/- (Rupees ten lakhs fifty thousand only) to the respondent. Accordingly, today `8,00,000/- paid through cheque no.337244 dated 19.01.2022 drawn on Post Office Savings Bank, Navalur Branch and `2,50,000/- paid through cheque no.337245 drawn on Post Office Savings Bank, Navlur Branch (said cheques have been issued by the respondent's son-in-law) in all paid `10,50,000/- (Rupees ten lakhs fifty thousand only). The petitioner is agreed to receive the above said amount of `10,50,000/- as permanent alimony.

c) It is submitted that petitioner is agreed to give up her rights if any accrued to her on account of the marriage against the respondent in any movable or immovable properties in future in view of this compromise by mutual consent. Petitioner further undertakes that she will not claim any reliefs in any courts in future in respondent's property.

RPFC 100073/2017

d) It is submitted that petitioner is agreed to dissolve the marriage in accordance with law.

e) It is submitted that the respondent is at liberty to enter his name in revenue records by removing any entries entered by the petitioner.

f) This compromise petition is filed with free consent and voluntarily without any force and without any ambiguity. The contents of this petition is read over to us in Kannada, in token whereof signed to this petition.

3. The compromise petition dated 18.01.2022 is taken

on record. In the compromise petition, it is averred that

the compromise has been arrived between the parties

voluntarily without there being any force and without any

ambiguity and the contents of the compromise petition

have been read over to the parties in Kannada language

and their signatures have been obtained. The advocates

appearing on both the sides have consented for disposal

of the petition in terms of the compromise petition.

RPFC 100073/2017

4. Under the circumstances, I find no impediment to

dispose of the revision petition in terms of the

compromise petition. Accordingly, I proceed to pass the

following order:

5. The revision petition is disposed of in terms of the

compromise petition dated 18.01.2022 filed between the

parties and accordingly, the order dated 11.05.2017

passed by the Principal Judge, Family Court, Dharwad, in

Crl. Misc. No.184/2016 stands modified and the parties

to the petition shall be bound by the terms of the

compromise petition.

Sd/-

JUDGE KK