Smt. Rajamma @ Rajalakshmi vs Sri. H C Shivamurthy
2023 Latest Caselaw 5682 Kant

Citation : 2023 Latest Caselaw 5682 Kant
Judgement Date : 17 August, 2023

Karnataka High Court

Smt. Rajamma @ Rajalakshmi vs Sri. H C Shivamurthy on 17 August, 2023

Bench: G.Narendar, Vijaykumar A Patil

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                                            NC: 2023:KHC:29234-DB
                                               MFA No.3055 of 2020




             IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                 DATED THIS THE 17TH DAY OF AUGUST, 2023
                                   PRESENT
                    THE HON'BLE MR. JUSTICE G. NARENDAR
                                      AND
               THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
              MISCELLANEOUS FIRST APPEAL NO.3055 OF 2020 (FC)
             BETWEEN:

                SMT. RAJAMMA @ RAJALAKSHMI
                W/O H.C. SHIVAMURTHY
                D/O LATE P.A. NINGE GOWDA
                AGED ABOUT 54 YEARS
                R/O PURA, JENAGADDE POST
Digitally       CHICKMAGALUR TALUK.
signed by                                              ...APPELLANT
RUPA V
Location:    (BY SMT. SARITA A.L. ADV.,)
HIGH COURT
OF           AND:
KARNATAKA

                SRI. H.C. SHIVAMURTHY
                S/O LATE CHINNA NAYAK
                AGED ABOUT 54 YEARS
                AGRICULTURIST
                R/O HIREGADDE VILLAGE AND POST
                JAYAPURA, KOPPA TALUK.
                                                     ...RESPONDENT
             (BY SRI. SANCHAN JAINANDAN, ADV.,)
                 THIS MFA IS FILED U/S. 19(1) OF THE FAMILY
             COURTS ACT, AGAINST THE JUDGMENT AND DECREE
             DATED. 27.10.2014, PASSED IN MC. NO.196/2013, ON
             THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT,
             CHIKKAMAGALURU, DISMISSING THE PETITION FILED
                            -2-
                                 NC: 2023:KHC:29234-DB
                                    MFA No.3055 of 2020




U/SEC.13(1)(i-a) AND (i-b) OF THE HINDU MARRIAGE
ACT.

    THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, VIJAYKUMAR A. PATIL J, DELIVERED THE
FOLLOWING:

                       JUDGMENT

This appeal is filed under Section 19(1) of the Family

Courts Act, 1984 against the judgment dated 27.10.2014

passed in M.C.No.196/2013 by the Principal Judge, Family

Court, Chikmagalur, (for short, 'the Family Court') by

which the petition filed by the appellant-wife under Section

13(1)(ia)(ib) of the Hindu Marriage Act, 1955 seeking

dissolution of marriage on the ground of the cruelty and

desertion was dismissed.

2. Learned counsel for the appellant and the

learned counsel for the respondent submit that at the

intervention of elders and well-wishers, the appellant-wife

and the respondent-husband, in the conciliation, have

arrived at an amicable settlement of the dispute and

accordingly they have filed a compromise petition under

Order XXIII Rule 3 of the CPC.

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3. The terms of the compromise petition read as

under:

"1. The appellant and respondent agree that their marriage dated 29.08.2004 performed at Annapoorneshwari Temple, horanadu, Mudigere Taluk be dissolved as prayed for in the above appeal.

2. Both the parties shall withdraw all the allegations and cases made against each other and shall not institute any fresh proceedings hereinafter.

3. Neither the appellant nor Respondent shall claim any maintenance or alimony against each other and the present compromise petition shall be treated as final and full settlement of all their claims.

4. The appellant and respondent have voluntarily out of their free consent have agreed to file present petition as an outcome of conciliation held between them.

5. Both the parties shall not interfere with personal lives of each other hereinafter. They shall not create any situations which may

NC: 2023:KHC:29234-DB MFA No.3055 of 2020

defame or lower the reputation of parties or their family members in the society.

Wherefore, it is respectfully prayed that the present compromise petition be accepted by dissolving the marriage dated 29.08.2004 performed at Annapoorneshwari Temple, Horanadu, Mudigere Taluk in above terms as prayed for in the interest of justice and equity."

4. We have gone through the terms of the

compromise petition, they are not opposed to public policy

and not opposed to law. The learned counsels for the

parties respectively identify the appellant-wife and the

respondent-husband, who are present before the Court.

The parties to the proceedings express that they have

entered the compromise on their own volition, they have

understood the terms of the compromise and they have

affixed their signature.

5. The compromise petition is placed on record.

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6. The appeal is disposed of in terms of the