Smt.Pooja W/O. Shasikant Naik vs Shri.Shashikant S/O. Jayvant ...
2022 Latest Caselaw 5462 Kant

                                          -1-




                                                 MFA No. 100210 of 2020


                IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                       DATED THIS THE 25TH DAY OF MARCH, 2022

                                       PRESENT
                    THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
                                         AND
                       THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
                            MFA NO. 100210 OF 2020 (MC)
                BETWEEN:

                   SMT.POOJA W/O. SHASIKANT NAIK
                   AGE : 31 YEARS, OCC : HOUSE WIFE,
                   R/O : FLAT NO.003, ROSTON VENEZIA APARTMENT,
                   BEHIND VIDHANAGAR,
                   POLICE STATION VIDYANAGAR,
                   HUBBALLI, PIN 580021
                   TQ : HUBBALLI, DIST : DHARWAD

                                                            ...APPELLANT
                (BY SRI. BASAVARAJ.S.BYAKOD & N.L. BATAKURKI, ADVS.)
                AND:

                   SHRI.SHASHIKANT S/O. JAYVANT NAIK
                   AGE : 38 YEARS, OCC : IT PROFESSIONAL
                   R/O : KHB COLONY, HABBAVADA
                   KARWAR-583106 NOW AT HOUSE NO.12, 2ND MAIN,
Digitally          INDIRA GANDHI STREET,
signed by
JAGADISH T R       UDAYANAGAR, BENGALURU-5600016
Location:
High Court of                                             ...RESPONDENT
Karnataka,
Dharwad         (BY SRI. GURUDEV GACHCHINAMATH, ADVOCATE)

                     THIS MFA IS FILED U/S.28(1) OF THE HINDU MARRIAGE
                ACT, 1958, AGAINST THE JUDGEMENT AND DECREE
                DATED:21.10.2019,    PASSED    IN   MATRIMONIAL   CASE
                NO.41/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
                                 -2-




                                        MFA No. 100210 of 2020


JUDGE, KARWAR, ALLOWING THE PETITION FILED U/SEC.
13(1)(i-a) OF THE HINDU MARRIAGE ACT, 1955.
     THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
S. SUNIL DUTT YADAV J., PASSED THE FOLLOWING:


                            ORDER

Compromise petition under Order XXIII Rule 3 read with

Section 151 of CPC has been filed.

2. Both parties along with their respective counsel are

present before the Court. On enquiry, they affirm the contents

of the compromise petition. Contents of the compromise

petition have been read out and explained to them. Terms of

the compromise petition contained in para-3 are as under:

3. It is submitted that during the pendency of the proceedings both the Appellant and the Respondent have entered into settlement and intend to lay down the terms and conditions of the Settlement as follows:

a. Both the parties to the Appeal hereby agree mutually for confirmation of the Judgment and Decree of Divorce dated 21-102019 made in M.C. No. 41/2019 passed by the Principal Civil Judge, Karwar.

b. The Respondent has agreed to pay a sum of Rs.38,00,000/- (Thirty Eight lakhs only) to the

MFA No. 100210 of 2020

Appellant towards the permanent alimony within a period of one month from today through Demand Draft of the Bank. The Appellant has agreed to accept the same. This amount is towards the permanent alimony and the Appellant shall not have any sort of claim against the Respondent, his Legal Heirs or any person claiming under him.

c. The Appellant has also agreed to withdraw the Criminal Misc. No. 280/2021 on the file of the Ist Additional Principal Judge, Family Court, Hubballi filed under section 125 of the Code of Criminal procedure.

d. The Appellant also states on oath that except the above stated Cr. Misc. No. 280/2021 she has not preferred any other petition before any court or forum. e. The Appellant also states that she shall not file any other petition before any court of law against the Respondent anymore.

f. The Appellant and the Respondent hereby state that they have accepted the above said terms and conditions out of their own Will without undue influence any force, coercion or undue influence.

g. The appellant and respondent hereby state that this compromise petition and its terms are not against any law for the time being in force.

MFA No. 100210 of 2020

3. Terms of the compromise petition are found to be

legal. Accordingly, compromise petition is accepted. The

judgment and decree dated 21.10.2019 passed in MC

No.41/2019 on the file of the learned Principal Senior Civil

Judge, Karwar is affirmed subject to the terms agreed between

the parties. Decree to be drawn in terms of the compromise

petition. Respondent-husband to report compliance within time

stipulated in terms of compromise petition.

4. Accordingly, the appeal stands disposed of in terms

of the compromise petition. We place on record the

appreciation the efforts of the counsel on both sides in

facilitating the compromise.

SD/-

JUDGE

Sd/-

JUDGE

JTR