Karnataka High Court
Girish K vs Smt Shwetha C P on 20 April, 2023
Bench: Alok Aradhe, Vijaykumar A Patil
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MFA No. 1743 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF APRIL, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
M.F.A.NO.1743 OF 2020 (MC)
BETWEEN:
GIRISH K
SON OF K MALLAPPA
AGED ABOUT 41 YEARS,
KSRTC CONDUCTOR
RESIDENT OF 2ND CROSS HOSAMANE
RIGHT SIDE, NEAR GANAPTHI TEMPLE
OLD TOWN, BHADRAVATHI -577 201
...APPELLANT
(BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE)
AND:
Digitally 1. SMT SHWETHA C P
signed by D/O PUTTAPPA
GAYATHRI N
Location: W/O GIRISHA K S
HIGH AGED ABOUT 33 YEARS,
COURT OF
KARNATAKA REP BY HER NEXT FRIEND GUARDIAN
FATHER PUTTAPPA
2. SRI PUTTAPPA
SON OF BASAVANYAPPA
AGED ABOUT 69 YEARS,
RETIRED REVENUE INSPECTOR
RESIDENT OF 2ND HANUMANTHA NAGARA
NEAR JAWAHARLAL NEHRU SCHOOL
OLD TOWN BHADRAVATHI -577 201
...RESPONDENTS
(BY SRI. S.V.PRAKASH, ADVOCATE FOR R1 & R2)
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MFA No. 1743 of 2020
THIS MFA IS FILED UNDER SECTION 28(1) OF HINDU
MARRIAGE ACT, 1955 PRAYING TO SETTING ASIDE THE
JUDGMENT AND DECREE DATED 28.10.2019 IN M.C.NO.87 OF
2015 PASSED BY THE HON'BLE JUDGE, FAMILY COURT AND
JMFC, BHADRAVATHI THEREBY ALLOWING THE PETITION
FILED BY THE APPELLANT IN M.C.NO.87/2015 AND PASS SUCH
OTHER ORDERS UNDER THE FACTS AND CIRCUMSTANCES OF
THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Sri. Hiremathad Maheshiah Rudrayya, learned
counsel for the appellant along with the appellant are
present.
Sri.S.V.Prakash, learned counsel for respondent
Nos.1 and 2 along with the respondents are present.
This appeal has been filed against the judgment
and decree dated 28.10.2019 passed by the family Court
by which the petition filed by the appellant under Section
12 read with Section 13(1) (iii) of the Hindu Marriage Act
has been dismissed.
2. Learned counsel for the parties while inviting
the attention of this Court to the memorandum of
MFA No. 1743 of 2020
agreement sent by the Bangalore Mediation Centre,
submit that the dispute between the parties have been
amicably resolved.
3. The terms of the compromise read as under:
1. The appellant and respondent state that
their marriage was solemnized on
27.05.2011 at Vidhyadiraja Saba
Bhavana, Near ITT, Kadakatte,
Bhadravathi, as per Hindu rites and
customs.
2. Due to incompatibility, misunderstanding
and differences in opinion they were living
separately since 2015.
3. Both parties state that they have a
daughter by name Parinitha G, aged about
10 years presently under the care and
custody of the respondent/mother and
she shall be the sole guardian of the child
and shall continue to be so in future for
which the appellant / father has no
objection.
MFA No. 1743 of 2020
4. The appellant has agreed to pay a sum of
Rs.13,50,000/- (Rupees Thirteen Lakhs
Fifty Thousand Only) for both, the
respondent and their daughter Parinitha
G. towards permanent alimony and
maintenance of the child in full and final
settlement of all their claims in the
following manner:
i. A sum of Rs.6,00,000/- (Rupees Six
Lakhs Only) by way of Demand Draft
bearing No.069913 dated
09.03.2023 drawn on Canara Bank,
Channagiri Road, Bhadravathi.
ii. A sum of Rs.7,50,000/- (Rupees
Seven Lakhs Fifty Thousand Only)
by way of Demand Draft bearing
No.069914 dated 09.03.2023 drawn
on Canara Bank, Channagiri Road,
Bhadravathi.
The appellant has agreed to handover the
aforesaid Demand Drafts to the
respondent before the Hon'ble High Court
of Karnataka, Bengaluru, at the time of
reporting settlement.
MFA No. 1743 of 2020
5. The appellant undertakes that he shall the
Section 12 of Hindu Marriage Act.
6. Both the parties undertake that if any
other cases filed against each other they
undertake to withdraw.
7. Both the parties state that they
unconditionally withdraw all the
allegations made against each other either
orally or expressly.
8. Both the parties agree that apart from the
above they have no other claim of
whatsoever manner against each other
either past, present of future.
9. Both the parties herein state that there is
no undue influence, force, or coercion in
entering into this agreement from any one
or anything.
10. Both the parties admit that they shall not
interfere in each other's lives in future.
4. In pursuance of the aforesaid compromise,
learned counsel for the respondent/husband has handed
over a sum of Rs.13,50,000/- by way of two Demand
MFA No. 1743 of 2020
Drafts, the receipt of which the appellant has
acknowledged.
5. In view of the compromise arrived at between
the parties, the appeal is disposed of and the marriage
solemnized on 27.05.2011 is dissolved.
Accordingly, the appeal is disposed of.
In view of disposal of the main appeal, pending
interlocutory application does not survive for
consideration.
Sd/-
JUDGE
Sd/-
JUDGE
MDS
