Sri Chetan S/O Mallappa ... vs Smt Shaila W/O Chetan ...
2022 Latest Caselaw 10230 Kant

Citation : 2022 Latest Caselaw 10230 Kant
Judgement Date : 4 July, 2022

Karnataka High Court

Sri Chetan S/O Mallappa ... vs Smt Shaila W/O Chetan ... on 4 July, 2022

Bench: Krishna S Dixit, P.Krishna Bhat

                                                -1-




                                                       MFA No. 102011 of 2022


                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 4TH DAY OF JULY, 2022

                                             PRESENT

                             THE HON'BLE MR JUSTICE KRISHNA S.DIXIT

                                               AND

                             THE HON'BLE MR JUSTICE P.KRISHNA BHAT

                                  M.F.A. NO.102011 OF 2022 (MC)

                      BETWEEN:
                      SRI CHETAN
                      S/O MALLAPPA GADDEPPANAVAR
                      AGE. 32 YEARS, OCC. SERVICE,
                      R/O. HULYAL, TQ. JAMKHANDI,
                      DIST. BAGALKOT.
                                                                   ...APPELLANT
                      (BY SRI. MALLIKARJUN C. HUKKERI, ADVOCATE)


                      AND:
                      SMT SHAILA
                      W/O CHETAN GADDEPPANAVAR
                      AGE. 27 YEARS,
                      OCC. HOUSEHOLD WORK,
                      R/O. C/O. MAHADEV VANDAL,
                      SHIROL CROSS, SHIROL,
                      TQ. MUDHOL, DIST. BAGALKOT.
                                                               ...RESPONDENT
         Digitally
         signed by
         ROHAN
         HADIMANI T
                      (BY SRI. PRASHANT KADADEVAR, ADVOCATE)
ROHAN
HADIMANI Location:
         DHARWAD
T        Date:
         2022.07.11
                           THIS MFA IS FILED UNDER SECTION 28(1) OF THE
         10:27:58
         +0530        HINDU MARRIAGE ACT, 1955, AGAINST THE JUDGMENT AND
                      DECREE DATED 09.02.2022, PASSED IN MATRIMONIAL CASE
                      NO.44/2018 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
                      JUDGE, JAMKHANDI, DISMISSING THE PETITION FILED UNDER
                      SECTION 13(1)(b) OF THE HINDU MARRIAGE ACT, 1955.
                                 -2-




                                            MFA No. 102011 of 2022


     THIS MFA COMING FOR ADMISSION THIS DAY, KRISHNA
S.DIXIT, J, DELIVERED THE FOLLOWING.

                            JUDGMENT

Appellant-husband, in this appeal, seeks to lay a

challenge to the Judgment & Decree dated 09.02.2022

entered by the Additional Senior Civil Judge, Jamkhandi, in

M.C. No.44/2018, whereby his prayer for grant of

dissolution of marriage between himself and the

respondent has been negatived. The respondent-wife has

entered appearance at the admission stage through her

counsel.

2. Both the appellant-husband and the

respondent-wife, who are present before the Court along

with their Advocates, have moved a compromise petition,

dated 04.07.2022, under Order XXIII Rule 3 read with

Section 151 of the Code of Civil Procedure, 1908, which

reads as under:

"i. It is submitted that appellant and respondent are agreed to dissolve their marriage solmenized on

MFA No. 102011 of 2022

08/02/2015 at Hulyal in Jamkhandi Taluka with free consent.

ii. The appellant and respondent have no issue out their wed-lock. The respondent herein has submitted no objection to allow the appeal and decree of divorce be granted.

iii. It is submitted that the respondent has agreed to receive an amount of Rs.10,00,000/- by D.D.No.066388 dated 4-7-2022 drawn on SBI branch High Court, Dharwad before this Hon'ble Court full and final settlement and also she agreed by accepting the above amount she will waive off her all legal rights against the appellant/husband for claiming any future maintenance, property right, service benefits and any other benefits from her husband side.

iv. It is submitted that, the respondent undertakes to withdraw the Criminal Petition bearing No.117/2019 pending on the file of Hon'ble J.M.F.C. Mudhol Court.

v. It is submitted that, after decree of divorce both appellant and respondent are free to marry their own choice and lead their happy life smoothly."

MFA No. 102011 of 2022

3. We have perused the compromise petition

carefully. We have interacted with the parties and the

father of the respondent as well. A perusal of the

compromise petition and interaction we had go to show

that the compromise is bona fide and that there is no legal

or factual impediment for disposal of this appeal in terms

thereof by reversing the impugned Judgment & Decree to

the net effect that the marriage between the parties be

dissolved.

4. The Account Payee Demand Draft dated

04.07.2022 for a sum of Rs.10,00,000/- (Rupees Ten