Karnataka High Court

Vinayak S/O Nagappa Antannavar vs Smt. Savita Bhuvaneshwar W/O ... on 27 May, 2022

Bench: Krishna S Dixit, P.Krishna Bhat

                                                    -1-




                                                             MFA No. 100131 of 2021
                                                           C/w. MFA No.100132/2021




                        IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                DATED THIS THE 27th DAY OF MAY, 2022

                                                 PRESENT
                               THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
                                                   AND
                               THE HON'BLE MR JUSTICE P.KRISHNA BHAT

                                     MFA NO. 100131 OF 2021 (MC)
                                                C/W
                                     MFA NO. 100132 OF 2021 (MC)
                        IN MFA NO.100131/2021

                        BETWEEN:

                            VINAYAK S/O NAGAPPA ANTANNAVAR
                            AGED 30 YEARS, OCC NIL,
                            R/O YARAGATTI, TQ SAUNDATTI,
                            DIST BELAGAVI-591126.

                                                                       ...PETITIONER
                        (BY SRI. G R TURAMARI, ADVOCATE)
                        AND:
                            SMT. SAVITA BHUVANESHWAR W/O VINAYAK
                            ANTANNAVAR
                            AGED 28 YEARS,
                            OCC HOUSEHOLD WORK,
                            R/O C/O GURAPPA VEERAPPA HOSAKOTI
                            ADAKALGUNDI ONI, YARAGATTI,
                            TQ SAUNDATTI,
                            DIST BELAGAVI-591126.
           Digitally
           signed by
           JAGADISH T                                                 ...RESPONDENT
           R
JAGADISH   Location:
TR         DHARWAD
                        (BY SRI. SHRIHARSHA A. NEELOPANT, ADVOCATE)
           Date:
           2022.05.31
           11:08:13
           +0530
                             -2-




                                      MFA No. 100131 of 2021
                                    C/w. MFA No.100132/2021



      THIS MFA IS FILED U/S.28(1) OF THE HINDU MARRIAGE ACT,
1955, PRAYING TO ALLOW THIS APPEAL, SET ASIDE THE
JUDGEMENT AND AWARD DATED.21.10.2019, PASSED BY THE
COURT OF SENIOR CIVIL JUDGE, SAUNDATTI IN M.C.NO.57/2017, IN
THE INTEREST OF JUSTICE AND EQUITY.

IN MFA NO.100132/2021

BETWEEN:

    VINAYAK S/O NAGAPPA ANTANNAVAR
    AGED 30 YEARS, OCC NIL,
    R/O YARAGATTI, TQ SAUNDATTI,
    DIST BELAGAVI-591126.


                                                ...PETITIONER
(BY SRI. G R TURAMARI, ADVOCATE)
AND:
    SMT. SAVITA BHUVANESHWAR W/O VINAYAK
    ANTANNAVAR, AGED 28 YEARS, OCC HOUSEHOLD WORK,
    R/O C/O GURAPPA VEERAPPA HOSAKOTI
    ADAKALGUNDI ONI, YARAGATTI,
    TQ SAUNDATTI, DIST BELAGAVI-591126.


                                              ...RESPONDENT
(BY SRI. SHRIHARSHA A. NEELOPANT, ADVOCATE)

      THIS MFA IS FILED U/S.28(1) OF THE HINDU MARRIAGE ACT,
1955, PRAYING TO ALLOW THIS APPEAL, SET ASIDE THE
JUDGEMENT AND AWARD DATED.21.10.2019, PASSED BY THE
COURT OF SENIOR CIVIL JUDGE, SAUNDATTI IN M.C.NO.22/2016, IN
THE INTEREST OF JUSTICE AND EQUITY.
     THESE APPEALS COMING ON FOR ORDERS          THIS   DAY,
KRISHNA S. DIXIT, J, DELIVERED THE FOLLOWING:

                        JUDGMENT

Both these appeals are filed by the husband. In MFA

No.100131/2021 he lays a challenge to the rejection of his

MFA No. 100131 of 2021 C/w. MFA No.100132/2021

divorce petition. In the companion appeal in MFA

No.100132/2021, he lays a challenge to the decree for

restitution of conjugal rights obtained by the respondent-

wife. This estranged couple now has entered into an

amicable settlement with certain terms and to that effect a

compromise petition dated 27.05.2022 signed by the

parties and their respective Advocates is presented before

this Court.

II. The terms of the compromise petition read as

under:

"1. That the appellant and respondent have amicably agreed to dissolve the marriage that has been taken place between them on 11.05.2011 by decree of divorce.

2. The appellant herein has paid Rs.15,00,000/- vide D.D.No.681726 drawn on Canara Bank, Yaragatti Branch, Yaragatti dated 26.05.2022 and Rs.3,00,000/- by way of cash today (in total Rs.18,00,000/- permanent alimony), in lieu of full and final settlement towards permanent alimony to the respondent/wife. The respondent/wife has accepted the same for her life maintenance. As the respondent, has no

MFA No. 100131 of 2021 C/w. MFA No.100132/2021

claims of maintenance, alimony or similar or any other claims of any nature against the appellant and/or any of his assets at either present or that may be acquired by him in future and all claims of any nature shall stand fully and finally settled. The respondent has agreed on receipt of the above said sum not to institute any case or claim as against the appellant in future seeks maintenance or any share in the properties of the appellant.

3. The respondent by virtue of the settlement agrees that she will not claim any share in the property belonging to the appellant and also will not claim any benefits accrued under insurance policies and other investments of the appellant in any financial institutions.

4. The appellant and respondent confirm that they have no claims of any nature in relation to or in respect of any or all of their belongings, jewelry, gold and silver articles and also other valuables against each other and all claims relating thereto have been satisfactorily and finally resolved.

5. The appellant and respondent agreed to ensure that either they or their family members will not interfere in each other personal, property either ancestral or self acquired and professional life in future and will endeavor cordiality in future.

6. The appellant and respondent herein have undertaken not to file any case against each other with regard to the subject matters in question.

MFA No. 100131 of 2021 C/w. MFA No.100132/2021

7. The appellant and respondent have agreed that the marital tie between the appellant and respondent has come to an end as per the present compromise petition and the marriage taken place between the appellant and respondent on 11.05.2011 stand dissolved.

8. The respondent forthwith has surrendered her right, title and interest of whatsoever nature and accordingly she will not raise any dispute before any court or authority.

9. The above settlement arrived at between the appellant and respondent is with free will, wish and free consent of the appellant and respondent without any force, coercion and undue influence made against each other. The contents of the present settlement have been read over to the appellant and respondent in the language known to them and have clearly understood the contents of present settlement and have amicably with free consent put their signatures on the present compromise petition.

10. In view of the above compromise petition and above appeal may be disposed off and the decree may be drawn accordingly in the ends of justice and equity."

III. We have carefully perused the terms and

conditions incorporated in the compromise petition. We

MFA No. 100131 of 2021 C/w. MFA No.100132/2021

have also interacted with the parties. The father of the

Smt. Savita the wife is also present before us. The

contents of the petition coupled with the submissions at

the Bar and interaction with the parties impress us that

the settlement is bonafide.

IV. In terms of the settlement, the appellant -

Vinayak has paid to the respondent Smt. Savita a sum of

Rs.3,00,000/- in cash in the open Court, the receipt

whereof Smt. Savita and her father Sri. Gurappa Hosakoti