Smt. Gayatri W/O Arun Kanakareddi vs Arun S/O Hanumantappa ...
2022 Latest Caselaw 10287 Kant

                                                 -1-




                                                           MFA No.103042 of 2017
                                                       C/W MFA No.103842 of 2015



                      IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 5TH 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.103042 OF 2017 (FC) C/W
                                  M.F.A. NO.103842 OF 2015 (FC)

                      IN M.F.A. NO.103042/2017

                      BETWEEN:

                      ARUN, S/O HANAMANTKANAKARADDI
                      AGE: 41 YEARS, OCC: BUSINESS,
                      R/O: KRISHI COLONY,
                      BHAGYA NAGAR,
                      BELAGAVI-590001.
                                                                     ...APPELLANT
                      (BY SRI. K.L. PATIL & SRI. S.S.BETURMATH, ADVOCATES)


                      AND:
                      SMT GAYATRI
                      W/O ARUN KANAKARADDI
                      AGE: 38 YEARS,
                      OCC: HOUSEHOLD WORK,
                      R/O: UMASHIVA COLONY,
                      MANJUNATH NAGAR, HUBBALLI,
                      DIST: DHARWAD-580001.
         Digitally                                                 ...RESPONDENT
         signed by
         ROHAN
         HADIMANI T
ROHAN
HADIMANI Location:
         DHARWAD
                      (BY SRI. ASHOK I.BADIGER, ADVOCATE)
T        Date:
         2022.07.11
         10:28:10
         +0530
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                                                         MFA No.103042 of 2017
                                                     C/W MFA No.103842 of 2015



                          THIS MFA IS FILED UNDER SECTION 19(1) OF THE
                     FAMILY COURT ACT, AGAINST THE JUDGEMENT AND DECREE
                     DATED 26.07.2017, PASSED IN M. C. NO. 198/2015 ON THE
                     FILE OF THE PRINCIPAL JUDGE FAMILY COURT, HUBBALLI,
                     DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ia)
                     AND (ib) OF THE HINDU MARRIAGE ACT.

                     IN M.F.A. NO. 103842 OF 2015

                     BETWEEN:

                     SMT. GAYATRI W/O ARUN KANAKAREDDI
                     AGED ABOUT 33 YEARS
                     OCC:HOUSEWIFE
                     R/O:MANJUNATH NAGAR, GOKUL ROAD,
                     HUBBALLI-580001.
                                                                   ...APPELLANT

                     (BY SRI. V.S. KALASURMATH & SRI. ASHOK I.BADIGER,
                     ADVOCATES)

                     AND:
                     ARUN S/O HANUMANTAPPA KANAKAREDDI
                     AGED ABOUT 35 YEARS
                     OCC: BUSINESS
                     R/O: PLOT NO.75, GIRIDHAM
                     BHAGYA NAGAR, KRISHI COLONY
                     5TH CROSS, BELAGAVI
                     DIST:BELAGAVI-590002.
facin g_sheet_stam
p.jpg                                                            ...RESPONDENT
                     (BY SRI. K L PATIL and S S BETURMATH, ADVOCATES)

                          THIS MFA IS FILED UNDER SECTION 28 OF THE FAMILY
                     COURT ACT, 1955, AGAINST THE JUDGMENT AND DECREE
                     DATED 25.08.2012, PASSED IN M.C. NO. 10/2010 ON THE FILE
                     OF THE FIRST ADDITIONAL SENIOR CIVIL JUDGE, HUBBALLI,
                     DISMISSING THE PETITION FILED UNDER SECTION 9 OF THE
                     HINDU MARRIAGE ACT.
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                                       MFA No.103042 of 2017
                                   C/W MFA No.103842 of 2015



    THESE MFAs COMING ON FOR ADMISSION THIS DAY,
KRISHNA S.DIXIT, J, DELIVERED THE FOLLOWING.

                        JUDGMENT

Appellant-husband's M.C. No.198/2015 filed under

Section 13(1)(ia)& (ib) of the Hindu Marriage Act, 1955

seeking dissolution of marriage having been negatived by

the learned Principal Judge, Family Court, Hubballi, vide

Judgment & Decree dated 26.07.2017, the appeal in

M.F.A. No.103042/2017 has been presented. The

companion appeal in M.F.A. No.103842/2017 has been

presented by the wife seeking to lay a challenge to the

Judgment & Decree dated 25.08.2012, passed by the

I Additional Senior Civil Judge, Hubli, whereby her petition

in M.C. No.10/2010 seeking a direction for the restitution

of conjugal rights is dismissed.

2. Both the appellant and the respondent, with the

aid & advice of their respective advocates and the elders,

MFA No.103042 of 2017 C/W MFA No.103842 of 2015

have entered into a compromise and filed a Joint Memo

which contains the following terms & conditions:

"1. The parties hereto have agreed for dissolution of their marriage dated: 28/04/2007 solemnized at Hubballi.

2. It is agreed between both the parties that Appellant/Husband shall pay a sum of Rs.65,00,000/- (Rs. Sixty Five Lakh only) to the respondent/wife) herein towards permanent alimony which shall be full and final settlement of all her claims, within 2 months from today, failing which the Appellant/Husband shall pay interest @ 18% p.a. after expiry of 2 months till date of payment.

3. The appellant husband undertakes not to alienate the property which stands in his name till the above mentioned amount of Rs.65,00,000/- is paid to the Respondent wife.

4. Both the parties to this joint memo hereby agree that the parties have entered into this settlement at their free will and wish, without any undue influence or coercion."

MFA No.103042 of 2017 C/W MFA No.103842 of 2015

3. We have perused the contents of the Joint

Memo carefully. We have interacted with the parties and

their mothers personally present before the Court. The

appellant's sisters and respondent's grandfather also

participated in the proceedings. All of them state that the

terms of this compromise are just & reasonable and it will

put an end to this long drawn legal battle. There is no

reason to doubt the bona fide of the Joint Memo. There is

no legal or factual impediment for disposing off both these

appeals in terms of the compromise, either.

4. Both the sides submit that the amount of

Rs.65,00,000/- (Rupees Sixty Five Lakh) only, payable by

the appellant to the respondent has been computed

keeping in view the maintenance amount that would have

arguably accrued due during the period between 2009 till

date and for the future as well. Therefore, the parties need

not have any apprehension as to any tax being payable on

this amount, since the said amount does not fall within the

MFA No.103042 of 2017 C/W MFA No.103842 of 2015

vast definition of income or taxable amount under the

provisions of Income Tax Act, 1961.

5. The appellant-husband has undertaken before

this Court that the said amount shall be transmitted to the

Bank Account of the respondent, the details of which are

as under:

"Customer Name : Gayatri A. Kanakaraddi Account No. : 1242104000012908 Bank Name : IDBI, Gokul Road IFSC : IBKL0001242"

The aforesaid amount shall be transmitted within an outer

limit of two months failing which, the appellant has

undertaken to pay interest at the rate of 18% per annum.

The said undertaking is given not only to the respondent

but to this Court as well, and therefore its non-compliance

would amount to contempt of this Court, in addition it

being put to execution.

MFA No.103042 of 2017 C/W MFA No.103842 of 2015

6. On deposit of the amount being made as above,

the respondent-wife has undertaken to invest a sum of

Rs.60,00,000/- (Rupees Sixty Lakh) only in a long term

interest earning deposit, in any Nationalised Bank and

retain a sum of Rs.5,00,000/- (Rupees Five Lakh) only for

meeting her personal expenses. It is also open to the

respondent-wife to cause premature encashment of the

deposit with the leave of this Court by prima facie showing

its requirement for acquiring house property. It is agreed

by and between the parties that the terms of the

compromise are final as between them and there shall not

be any claim whatsoever against each other.

In the above circumstances, the appeal in MFA

No.103042/2017 having been favoured, the impugned

Judgment & Decree dated 26.07.2017 entered by the

learned Principal Judge, Family Court, Hubballi, in

appellant-husband's M.C. No.198/2015 are reversed; the

husband's matrimonial case is decreed and thereby the

MFA No.103042 of 2017 C/W MFA No.103842 of 2015

marriage between the parties solemnized on 28.04.2007

at Hubballi stands dissolved. The appellant and the

respondent are free to reshape their lives as they want

without interfering with each other in any way.

In view of the dissolution of the marriage as

aforesaid, wife's companion appeal in M.F.A.

No.103842/2015 is dismissed.

The respondent-wife is permitted to withdraw the

amount deposited by the appellant in the Courts below

and that amount shall not be reckoned for the

computation of Rs.65,00,000/- undertaken to be paid by

the husband in terms of compromise mentioned above.

Sd/-

JUDGE

Sd/-

JUDGE KMS