Karnataka High Court
Smt Geetha vs Sri Rajesh on 20 January, 2022
Bench: S.Sujatha, Ravi V Hosmani
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JANUARY, 2022
PRESENT
THE HON'BLE MRS.JUSTICE S.SUJATHA
AND
THE HON'BLE MR. JUSTICE RAVI V. HOSMANI
M.F.A.No.3572/2017 (FC)
BETWEEN :
SMT.GEETHA
W/O RAJESH
D/O V.VENKATASUBBAYYA
AGED ABOUT 35 YEARS
R/O BASALIKATTE-SIDDAPURA VILLAGE
ARALAHALLI POST, BHADRAVATHI TALUK
SHIVAMOGGA DISTRICT-577001 ...APPELLANT
(BY SRI K.N.DAYALU, ADV. - ABSENT)
AND :
SRI RAJESH
S/O CHANDRASHEKAR
AGED ABOUT 32 YEARS
R/O UMBLEBAILU
SHIVAMOGGA TALUK
SHIVAMOGGA DISTRICT-577001 ...RESPONDENT
(BY SRI PRUTHVI WODEYAR, ADV.)
THIS M.F.A. IS FILED UNDER SECTION 19(1) OF THE
FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE
DATED 15.02.2017 PASSED ON M.C.NO.151/15 ON THE FILE
OF THE PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA,
ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) OF
THE HINDU MARRIAGE ACT.
-2-
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
S. SUJATHA, J., DELIVERED THE FOLLOWING:
JUDGMENT
Learned counsel appearing for the respondent
has filed a memo dated 05.01.2022 along with the
compromise petition entered into between the parties in
M.C.No.274/2017 on the file of the Family Court,
Shivamogga and the certified copy of the order sheet of
the said petition.
2. Clause 5(b) of the compromise petition which
has been agreed between the parties reads thus:-
"5(b). The petitioner shall withdraw the
M.F.A.No.3572/2017 pending on the file of
Hon'ble High Court of Karnataka at Bengaluru
as the respondent had married another
woman after the completion of appeal period
over the order in M.C.No.151/2015."
3. The Family Court, Shivamogga, by an order
dated 30.11.2021, recording the submissions made by
the parties that the matter has been settled between the
parties and considering the joint memo filed by both the
parties, disposed of the petition in M.C.No.274/2017.
The said order dated 30.11.2021 reads thus:-
"MKS advocate filed joint memo of
petitioner and respondent, stating that matter is
settled between the parties before the elderly
persons and prays to accept the same.
Petitioner, respondent called out. Both are
present.
Contents of joint memo read over to the
petitioner and respondent. They admit the same.
Further, petitioner submits that as per
compromise, she has received Rs.5 lakhs from
respondent towards her permanent alimony of
maintenance of their child. Hence, she is not
interested to proceed with the matter and prays
to dismiss the petition.
Respondent submits that he has no
objections to accept the joint memo.
When the case is posted for arguments,
both parties come up with joint memo, stating
that they got settled the matter before their elders
and well-wishers, accordingly they have filed
joint memo and prays to accept the same.
Since, the compromise is free and
voluntarily, there is no legal impediment to accept
the joint memo. Accordingly, I accept the joint
memo and proceed to pass the following:
ORDER
In view of compromise, petition is disposed
of accordingly."
4. In view of the said compromise petition
entered into between the parties and the agreed amount
of Rs.5,00,000/- received by the appellant herein, as
recorded in the order dated 30.11.2021 of the Family
Court, Shivamogga, learned counsel for the respondent
has filed the aforesaid memo dated 05.01.2022 to
dismiss the appeal as the same does not survive for
consideration.
5. In terms of the contents of the compromise
petition and the order of the Family Court, Shivamogga
dated 30.11.2021, it was obligatory on the part of the
appellant to withdraw the appeal, but there is no
representation on behalf of the appellant. However, in
view of the order passed by the Family Court,
Shivamogga, as aforesaid read with the compromise
petition, the appeal stands dismissed as the same does
not survive for consideration.
Sd/-
JUDGE
Sd/-
JUDGE
PMR
