Karnataka High Court
Sri P Raghavendra S/O P. Devappa ... vs Smt. Soumyashree W/O P. ... on 3 August, 2023
Bench: S.R. Krishna Kumar, G Basavaraja
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NC: 2023:KHC-D:8292-DB
MFA No. 102007 of 2023
C/W MFA No. 101544 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF AUGUST, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
MISCELLANEOUS FIRST APPEAL NO. 102007 OF 2023 (MC)
C/W
MISCELLANEOUS FIRST APPEAL NO. 101544 OF 2023
IN MFA.NO.102007/2023
BETWEEN:
SRI P. RAGHAVENDRA S/O. P. DEVAPPA JAGARKAL,
AGE: 41 YEARS, OCC: JUNIOR ENGINEER KPC LTD.,
R/O: T-VI/297 RTPS COLONY,
SHAKTHI NAGAR,
TQ.DIST. RAICHUR-584101
...APPELLANT
(BY SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE)
ROHAN
HADIMANI
T
AND:
Digitally signed by
ROHAN HADIMANI
T
Location:
SMT. SOUMYASHREE W/O. P. RAGHAVENDRA
HIGHCOURT OF
KARNATAKA-
DHARWAD BENCH
AND D/O. K. HULUGAPPA,
Date: 2023.08.08
10:29:23 +0530
AGE: 38 YEARS, OCC: HOME MAKER,
R/O: RAJAPPA NAYAK COLONY,
III RD CROSS, PARASHURAM NILAYA,
II ND HOUSE, NEAR CHAITANYA TECHNO SCHOOL,
WADDARAHATTI, GANGAVATHI,
DIST. KOPPAL-583227.
...RESPONDENT
(BY SRI SRINAND A. PACHHAPURE AND
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MFA No. 102007 of 2023
C/W MFA No. 101544 of 2023
SMT. DEEPIKA M. HOLEYANNAVAR, ADVOCATES)
THIS MISCELLANEOUS FIRST APPEAL FILED UNDER
SECTION 28 OF THE HINDU MARRIAGE ACT, PRAYING FOR THE
REASONS STATED ABOVE THE JUDGMENT AND DECREE DATED
12.08.2017 IN MAT NO. 15/2016 (OLD NO. MAT NO. 18/2015)
PASSED BY THE LEARNED II ADDITIONAL SENIOR CIVIL JUDGE
BALLARI, SITTING AT SIRUGUPPA, MAY KINDLY BE SET ASIDE
AND ALLOW THE MAT NO. 15/2016 (OLD NO. MAT NO.
18/2015) AND GRANT THE DECREE OF DIVORCE AS PRAYED
FOR BY ALLOWING THE APPEAL AS PRAYED FOR WITH COST,
IN THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO. 101544/2023
BETWEEN:
SRI P. RAGHAVENDRA S/O. P. DEVAPPA JAGARKAL,
AGE: 40 YEARS, OCC: JUNIOR ENGINEER KPC LTD.,
R/O: T-VI/297 RTPS COLONY,
SHAKTHI NAGAR,
TQ.DIST. RAICHUR-584101
...APPELLANT
(BY SRI HANUMANTHAREDDY SAHUKAR, ADVOCATE)
AND:
SMT. SOUMYASHREE W/O. P. RAGHAVENDRA
AND D/O. K. HULUGAPPA,
AGE: 37 YEARS, OCC: HOME MAKER,
R/O: RAJAPPA NAYAK COLONY,
III RD CROSS, PARASHURAM NILAYA,
II ND HOUSE, NEAR CHAITANYA TECHNO SCHOOL,
WADDARAHATTI, GANGAVATHI,
DIST. KOPPAL-583227.
...RESPONDENT
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NC: 2023:KHC-D:8292-DB
MFA No. 102007 of 2023
C/W MFA No. 101544 of 2023
(BY SRI SRINAND A. PACHHAPURE AND
SMT. DEEPIKA M. HOLEYANNAVAR, ADVOCATES)
THIS MISCELLANEOUS FIRST APPEAL FILED UNDER
SECTION 28(1) OF THE HINDU MARRIAGE ACT, 1955, AGAINST
THE JUDGEMENT AND DECREE DATED 12.08.2017 IN MAT NO.
4/2015 (OLD NO. MAT NO. 106/2015) PASSED BY THE
LEARNED II ADDITIONAL SENIOR CIVIL JUDGE BALLARI,
SITTING AT SIRUGUPPA, MAY KINDLY BE SET ASIDE AND
ALLOW THE MAT NO. 4/2015 (OLD NO. MAT NO. 106/2015) BY
ALLOWING THE APPEAL AS PRAYED FOR WITH COST, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDEERS, THIS DAY,
S.R. KRISHNA KUMAR, J., DELIVERED THE FOLLOWING:
JUDGMENT
Both the appeals arise out of the common impugned
judgment and decree passed in MAT.No.4/2015 and
MAT.No.15/2016 on the file of the II Additional Senior Civil
Judge, Ballari, sitting at Siruguppa (hereinafter referred to
as the 'trial Court').
2. MAT.No.4/2015 was filed by the respondent-
wife seeking restitution of conjugal rights, while
MAT.No.15/2016 was filed by the appellant- husband
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MFA No. 102007 of 2023
C/W MFA No. 101544 of 2023
seeking decree for divorce against the respondent- wife.
By the impugned common judgment and decree the
MAT.No.4/2015 filed by the respondent- wife was allowed
and MAT.No.15/2016 filed by the appellant- husband was
dismissed by the trial Court, aggrieved by which the
appellant- husband is before this Court by way of the
present appeals.
3. The joint compromise petition under Order
XXIII Rule 3 read with Section 151 of the Code of Civil
Procedure is filed by the parties who are physically present
before this Court admit their signatures on the
compromise petition and have been identified by their
respective counsel who have also signed the compromise
petition.
4. The compromise petition reads as under:
"Compromise petition under order 23 Rule 3 R/w
Sec.151 of C.P. Code jointly submitted by the
Appellant/Husband and Respondent/Wife
The appellant /husband and respondent/wife
respectfully submit as follows:
On the advise of well wishers and friends, in the
best interest of both the parties, the
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MFA No. 102007 of 2023
C/W MFA No. 101544 of 2023
Appellant/husband and respondent/wife have
amicably compromised and settled their disputes.
The terms and conditions of the compromise petition
are as follows:
1. The respondent/wife agreed and has no objection
to grant decree of divorce in favour of the appellant /
husband dissolving the marriage between the
appellant/husband and respondent / wife solemnized
on 26.5.2010 at Sri. Basavakalyana Mantapa
Shakthinagar Raichur.
2. The appellant/ husband agreed to give land by
executing the relinquishment deed in favour of
respondent/ wife in Land Sy. No. 157/A measuring
55 Cents out of total measuring 1 Acre 50 Cents
situated at 64 - Halekoti Tq: Siruguppa Dist: Ballari.
The schedule is East-Land Sy. No. 156, West- Land
Sy. No. 158, North- Remaining 95 Cents in land
Sy.No. 157/A and South- Land of R.Nagaraj.
3. The appellant / husband in addition to Sy. No.
157/A measuring 55 Cents out of total measuring 1
Acre 50 Cents has also agreed to give land by
executing the relinquishment deed in favour of
respondent/ wife in Land Sy. No. 274 total
measuring 2 Acres 86 Cents situated at Araliganuru
village Tq: Siruguppa Dist: Ballari, Schedule East-Sy.
No. 272 measuring 1 Acre 14 Cents which is given to
the respondent/wife under this Compromise, West-
Land Sy. No. 263, North- Land Sy. No. 282 and
South- Land Sy. No. 278 and further the
appellant/husband agreed to execute the
relinquishment deed in favour of respondent/wife in
Land Sy. No. 272 measuring 1 Acre 14 Cents out of
total measuring 5 Acres 98 Cents situated at
Araliganuru village Tq: Siruguppa Dist: Ballari, the
schedule is East- Remaining land measuring 4 Acres
North- Land Sy. No. 275 and South- Land Sy. No.
278.
4. The appellant/husband agreed to execute the
relinquishment deed within two months from the
date of the order in favour of the respondent/ wife in
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MFA No. 102007 of 2023
C/W MFA No. 101544 of 2023
respect of the above said three lands, as per the
Power of Attorney executed in favour of the
appellant/husband on 30.7.2023 by one Smt. P.
Lakshmidevi who is the mother of the
appellant/husband as the above said three lands are
standing in the name of Smt. P. Lakshmidevi. The
appellant /husband agreed to execute the
relinquishment deed in favour of the respondent /
wife in respect of the above said three lands for her
permanent alimony and the respondent/wife agreed
for the same, the respondent/wife further agreed
that she will not claim any property rights or any
other rights in future and she will not file or initiate
any proceedings either civil or criminal against the
appellant or his family members in future. In the
event the appellant /husband failed to execute the
relinquishment deed in respect of above said three
lands as stated above, the respondent/ wife can file
a execution petition for execution of the decree.
5. The respondent / wife agreed that she will not
claim any arrears of maintenance as per the order
dt. 11.4.2022 in Crl. Misc. No. 151/2019 passed by
the learned Civil Judge and JMFC at Siruguppa. The
respondent/wife agreed to withdraw Crl. Misc. No.
568/2022 which is filed for recovery of maintenance
in the court of the learned Civil Judge and JMFC,
Siruguppa, and respondent/wife further agreed to
withdraw Crl. Misc. No. 407/2023 filed in the court of
the learned Civil Judge and JMFC, Siruguppa,
seeking enhancement of maintenance. The
respondent /wife agreed to withdraw the above said
cases as stated above, immediately after executing
the relinquishment deed in respect of the above said
lands in her favour, in the event the respondent/
wife failed to withdraw the above said cases after
executing the relinquishment deed in her favour as
stated above, the respondent /wife agreed that the
appellant /husband can file a memo for dismissal of
the above said two Crl. Misc. No. 568/2022 and Crl.
Misc. No. 407/2023, in view of this compromise.
6. The appellant/husband filed Crl. P. No.
101182/2023 before the learned single Judge of this
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MFA No. 102007 of 2023
C/W MFA No. 101544 of 2023
Hon'ble court against the order of maintenance. The
appellant/husband agreed to withdraw the same
after withdrawing the Crl. Misc. No. 568/2022 and
Crl. Misc. No. 407/2023, in view of the above
compromise.
7. The appellant/husband and respondent /wife
have no any other claims what so ever against each
other.
8. The respondent/wife agreed that she will not
press and she will not enforce or execute the
Judgment and decree dt. 12.8.2017 in MAT No.
4/2015 Old No. MAT No. 106/2015) passed by the
learned II Addl. Senior Civil Judge Ballari sitting at
Siruguppa for restitution of conjugal rights against
the appellant/husband in view of this compromise.
9. The contents of this compromise petition has
been read over and explained to the
appellant/husband and respondent/wife in Kannada
language known to them and they have understood
the same and agreed for the above terms and
conditions of this compromise petition and signed
voluntarily, without any force, coercion or undue
influence etc.,
Hence the appellant/husband and respondent/wife
humbly pray that this Hon'ble court be pleased to
modify the judgment and decree dt. 12.8.2017 in
MAT No. 15/2016 (Old No. MAT No. 18/2015) passed
by the learned II Addl. Senior Civil Judge Ballari
sitting at Siruguppa, in terms of the this compromise
petition, and MFA No. 101544/2023 may kindly be
disposed in view of the compromise between the
parties, in the interest of justice and equity."
5. Being satisfied that the compromise petition is
lawful, we are of the view that the present appeals
deserve to be disposed of in terms of the compromise
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MFA No. 102007 of 2023
C/W MFA No. 101544 of 2023
petition by suitably modifying the impugned common
judgment and decree passed by the Trial Court.
6. In the result, we proceed to pass the following:
ORDER
(i) Both MFA.Nos.102007/2023 and 101544/2023
are allowed.
(ii) The impugned common judgment and decree
dated 12.08.2017 passed in MAT.No.4/2015
and MAT.No.15/2016 on the file of the II
Additional Senior Civil Judge, Ballari, sitting at
Siruguppa are hereby set aside and substituted
with the terms and conditions of this
compromise.
Registry to draw the decree in terms of the
compromise petition and this order.
Liberty is reserved in favour of both the parties to
seek recalling of this order and revival of these appeals in
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MFA No. 102007 of 2023
C/W MFA No. 101544 of 2023
the event parties do not comply with the terms and
conditions of the compromise petition.
Sd/-
JUDGE
Sd/-
JUDGE
RH
