Sri Ravish vs Smt Roopa
2022 Latest Caselaw 11006 Kant

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                                                             MFA No. 6624 of 2021


                             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                 DATED THIS THE 20TH DAY OF JULY, 2022

                                               PRESENT

                                  THE HON'BLE MR. JUSTICE B.VEERAPPA

                                                 AND

                                THE HON'BLE MRS. JUSTICE K. S.HEMALEKHA

                           MISCELLANEOUS FIRST APPEAL No.6624 OF 2021 (MC)

                      BETWEEN:
                      1.   SRI RAVISH,
                           SON OF R. JAYANNA,
                           AGED ABOUT 39 YEARS,
                           RESIDING AT NO.62,
                           KOMMAGHATTA, SULEKARI POST,
                           KENGARI HOBLI,
                           BANGALORE-560060.
                                                                    ...APPELLANT
                      (BY SRI. GIRIDHAR S. V., ADVOCATE)
                      AND:
                      1.   SMT. ROOPA,
                           DAUGHTER OF GANGANNA,
                           AGED ABOUT 29 YEARS,
                           RESIDING AT THITTAHALLI,
                           GOLLA HALLI POST,
                           KENGARI HOBLI,
                           BANGALORE SOUTH TALUK-560060.
Digitally signed by                                               ...RESPONDENT
MALATESH K C
Location: High        (BY SRI. GUBBI SWAMY S., ADVOCATE)
Court of Karnataka
                                                 ****
                           THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
                      SECTION 28(1) OF THE HINDU MARRIAGE ACT, 1955, AGAINST
                      THE JUDGMENT AND DECREE DATED 29.09.2021 PASSED IN
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                                                    MFA No. 6624 of 2021


MC NO.66/2020 ON THE FILE OF THE VIII ADDITIONAL
DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL
DISTRICT, BENGALURU, REJECTING THE PETITION FILED
UNDER SECTION 13(1)(ia) AND 13(1)(ib) OF HINDU MARRIAGE
ACT, 1955.

     THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ORDERS THIS DAY, B.VEERAPPA J., DELIVERED THE
FOLLOWING:

                           JUDGMENT

The present Miscellaneous First Appeal is filed against the

judgment and decree dated 29.09.2021 made in M.C.No. 66 of

2020 on the file of the VIII Additional District and Sessions

Judge, Bengaluru Rural District, Bengaluru, rejecting the

petition filed by the appellant/husband under Section 13(1)(ia)

and (ib) of the Hindu Marriage Act, 1955.

2. During pendency of the present Miscellaneous First

Appeal, the parties settled the matter amicably and

accordingly, filed Memorandum of Compromise Petition under

Order XXIII Rule 3 of the Code of Civil Procedure, dated

14.07.2022, wherein, the appellant has agreed to pay a sum of

`30,00,000/- (Rupees thirty lakhs) to the respondent-

Smt.Roopa, by way of Demand Draft No.124658, dated

01.07.2022 drawn on Karnataka Bank, Kengeri Branch,

MFA No. 6624 of 2021

Bengaluru. The respondent/wife undertakes not to make any

other or further claim whatsoever with respect to alimony/

maintenance either past, present or future in any, against the

appellant and confirms, covenants and declares that she never

did and will not have any manner of any right, title or interest,

either past, present or future, in any of the tangible or

intangible assets of the appellant.

3. The parties have further agreed that proceedings

including W.P No.3284/2021 shall stand terminated in view of

the compromise and they mutually exchanged all their articles,

valuables and ornaments/jewellery which were in each other's

custody and undertake not to make any claim or initiate any

further litigation/s on this count. The parties undertake not to

initiate any litigations against each other henceforth and that

they agree that all disputes between them are settled fully and

finally and they further undertake not to interfere in each

others' lives after the compromise and that there is no collusion

between them in entering into the compromise.

4. On query made by this Court, both appellant and

respondent who are present before the Court, duly identified by

MFA No. 6624 of 2021

their respective counsel, submit that, they have entered into

the compromise voluntarily, without any threat, force or

coercion from anybody. The submission is placed on record.

5. The Demand Draft for `30,00,000/- stated supra, is

handed over to the respondent-wife by the appellant-husband,

in the presence of their respective counsel, in the open Court.

The respondent-wife acknowledges the receipt of the demand

draft.

6. In view of the above, we pass the following:

ORDER

(i) The Miscellaneous First Appeal is allowed.

(ii) The judgment and decree dated 29.09.2021 made in M.C.No.66/2020 on the file of the VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, is hereby set-aside.

(iii) M.C.No.66/3020 filed by the husband under the provisions of Section 13(1)(ia) and (ib) of the Hindu Marriage Act, is hereby allowed in terms of the Compromise Petition. The marriage performed between the appellant and respondent on 16.11.2021 is hereby dissolved.

MFA No. 6624 of 2021

(iv) Office is directed to draw the decree, accordingly.

(v) The compromise petition dated 14.07.2022 entered into between the parties, shall form part and parcel of the decree.

(vi) In view of the compromise entered into between the parties, depositing of `10,000/- by the appellant towards litigation expenses in pursuance of the Order dated 03.02.2022, is waived off.

Sd/-

JUDGE

Sd/-

JUDGE

kcm