Karnataka High Court
Smt. Swathi W/O Subhas Hegade vs Shri. Subhash S/O Subhramannya ... on 23 June, 2022
Bench: Krishna S Dixit, P.Krishna Bhat
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MFA No. 102596 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23rd DAY OF JUNE, 2022
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR JUSTICE P.KRISHNA BHAT
M.F.A. NO.102596 OF 2018 (MC)
BETWEEN:
SMT. SWATHI W/O SUBHAS HEGADE
AE:27 YEARS, OCC:NIL,
R/O C/O SMT. SHRIDEVI W/O
LATE GOVIND NAIK,
AT:PO:MUROOR, TQ:KUMATA,
UTTAR KANNADA DISTRICT-581343
...APPELLANT
(BY SRI. R.H.ANGADI, ADVOCATE)
AND:
SHRI. SUBHASH
S/O SUBHRAMANNYA HEGADE,
AGE:30 YEARS, OCC:AGRICULTURE,
R/O:KANDAVALLI, TQ:KUMATA,
UTTAR KANNADA DISTRICT-581343
...RESPONDENT
VISHAL (BY SRI. V. G. BHAT
NINGAPPA
PATTIHAL & SRI. J. B. HURKADLI, ADVOCATES FOR C/R)
Digitally signed by
VISHAL NINGAPPA
PATTIHAL
Location: DHARWAD
Date: 2022.06.30
09:56:26 +0530 THIS MFA IS FILED UNDER SECTION 28 OF THE HINDU
MARRIAGE ACT, AGAINST THE JUDGEMENT AND DECREE
DATED 05.06.2018, PASSED IN MATRIMONIAL CASE
NO.15/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE,
KUMTA, ALLOWING THE PETITION FILED U/SEC. 13(i)(ib) OF
THE HINDU MARRIAGE ACT.
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MFA No. 102596 of 2018
THIS MFA COMING ON FOR FINAL HEARING THIS DAY,
KRISHNA S. DIXIT, J, DELIVERED THE FOLLOWING.
JUDGMENT
This appeal by the wife seeks to lay a challenge to
the Judgment & Decree dated 05.06.2018, whereby the
respondent-husband's M.C. No.15/2015 having been
favoured by the learned Senior Civil Judge, Kumta, the
marriage between the parties has been dissolved by a
decree of divorce. Further, a direction has been issued by
the learned Judge to the respondent-husband to pay a
sum of Rs.2,00,000/- towards permanent alimony and
maintenance of the appellant in full settlement. After
service of notice, the respondent-husband has entered
appearance through his counsel.
2. Both the sides, with the able assistance of their
counsel, have amicably settled the dispute and have filed
a Joint Memo dated 23.06.2022 which has the following
terms:
MFA No. 102596 of 2018
"a) The respondent has agreed to pay Rs.2,00,000/-
in addition to the sum of Rs.2,0,000/- already
deposited before the Trial Court.
b) The respondent has not objection to withdraw the
sum of Rs.2,00,000/- deposited before the Trial
Court with accrued interest on the said amount.
c) The appellant is ready and willing to obey the
terms of the decree of divorce granted by the
Trial Court and voluntarily agreed to receive
Rs.4,00,000/- (Rs. Two Lakhs deposited before
the Trial Court + Rs.2,00,000/-), as permanent
alimony.
d) It is mutually agreed between the parties that the
respondent shall pay Rs.1,00,000/- within one
month and the remaining Rs.1,00,000/- within
two months from today. In the event respondent
failed to deposit or pay the amount within the
said period then the amount shall carry 12%
interest per annum and the appellant is having
liberty to recover this amount through process of
the Court." sic
3. We have interacted with the parties and their
counsel; we have also spoken to the mothers of the
parties who are personally present before the Court. We
MFA No. 102596 of 2018
have perused the Joint Memo of Compromise, and we are
convinced that it is in the best interest of both the sides.
There is no legal or factual impediment for modifying the
impugned Judgment & Decree in terms of the Joint Memo
of compromise.
In the above circumstances, the appeal is disposed of
in terms of the Joint Memo of compromise.
Registry shall draw the Decree accordingly.
Costs made easy.
Sd/-
JUDGE
Sd/-
JUDGE
KMS
