Karnataka High Court
Shri K. M. Prakash S/O K M ... vs Smt. J. M. Nalinakshi W/O K M ... on 23 August, 2023
Bench: S.R. Krishna Kumar, G Basavaraja
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NC: 2023:KHC-D:9414-DB
MFA No. 100301 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD 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. 100301 OF 2023 (MC)
BETWEEN:
SHRI. K. M. PRAKASH S/O. K.M.SHARANAIAH,
AGE: 54 YEARS, OCC: SCHOOL TEACHER,
SRI. GURU KOTTURESHWARA HIGH SCHOOL,
R/O: R.F.GURUBASAVARAJA, PHYSICAL TEACHER,
HOUSE NO. 32/2, JAVALUBEEDI, KOTTUR TOWN
AND TALUK, BALLARI DISTRICT-583101.
...APPELLANT
(BY SMT.P.S.TADAPATRI, ADV. FOR SRI.K.L.PATIL, ADV.)
AND:
SMT. J.M.NALINAKSHI W/O. K.M.PRAKASH,
AGE: 48 YEARS, OCC: TEACHER,
D/O. J.G.NIJALINGAIAH,
R/O: BASAVESHWARA NAGARA KOTTUR TOWN
TQ: KOTTUR, DIST: BALLARI-583101.
MOHANKUMAR
...RESPONDENT
B SHELAR (BY SRI.SHRIPRASAD J.JOSHI, ADVOCATE)
HIGH COURT
OF
KARNATAKA THIS MFA IS FILED UNDER SECTION 28(1) OF HINDU
2023.08.28 MARRIAGE ACT, 1955 PRAYING TO, CALL FOR THE RECOREDS;
15:40:19 +0530
ALLOW THIS MISC. FIRST APPEAL BY SETTING ASIDE THE ORDER
DATED 20.10.2022 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC,
KUDLIGI PASSED IN M.C.NO.11/2020 AND GRANT DECREE
DISSOLVING THE MARRIAGE OF THE PETITIONER AND RESPONDENT
IN THE ENDS OF JUSTICE; GRANT SUCH OTHER AND FURTHER
RELIEF THAT, THIS HON'BLE COURT DEEMS FIT UNDER THE
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
S.R.KRISHNA KUMAR J., DELIVERED THE FOLLOWING:
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NC: 2023:KHC-D:9414-DB
MFA No. 100301 of 2023
JUDGMENT
This appeal by the appellant/husband is directed
against the impugned judgment and decree dated
20.10.2022 passed in MC No.11/2020 by the learned Senior
Civil Judge and JMFC, Kudligi, whereby by the petition filed
by the petitioner/husband under Section 13(1)(i-a) of the
Hindu Marriage Act, 1955 seeking decree of divorce by
dissolving the marriage of the appellant and respondent
solemnized on 28.04.1996, was dismissed by the trial Court.
2. On 1.8.2023, this Court referred the dispute to
the Mediation Centre, wherein the parties have entered into
compromise and thereby filed Memorandum of Agreement,
which reads as under:
1. The Appellant and Respondent have agreed for
dissolution of their marriage by a decree of
divorce.
2. The Respondent wife has no claim towards
permanent alimony since she is a government
employee and is having independent income
which is sufficient to maintain herself.
3. The Respondent-wife shall forego her right to
claim maintenance, including arrears of
maintenance and rights in the immovable
properties of the Appellant such as self acquired
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MFA No. 100301 of 2023
property of husband or his ancestral properties
inherited by him and any other movable
properties which shall include nomination in the
service register and other terminal benefits or
pension and pensionary benefits accrued to the
appellant during his service.
4. So also, the Appellant-Husband shall forego his
right to succeed to the estate of Respondent-wife
in any manner whatsoever, including the service
benefits of the Respondent-wife.
5. Both the parties hereby agree that they will not
interfere in the personal lives of each other and
they undertake they shall not tarnish the image
of each other and the allegations whatsoever are
made in the respective pleadings shall stand
withdrawn. The parties further affirm that there
are no other pending litigations concerning
matrimonial dispute between the parties hereto.
6. Both the parties have signed this compromise
petition after having read and understood the
terms and conditions and the same has been
signed out of their free will without there being
any force or coercion from anybody.
7. This compromise is entered into towards full and
final settlement and there will not be any further
claims by either parties against each other.
Therefore, Hon'ble Court may kindly be pleased to
accept present compromise petition and grant decree
of divorce dissolving the marriage dated: 28/04/1996
in terms of compromise petition, in the interest of
justice and equity.
3. Both parties are physically present along with
their respective counsel and after having been identified by
them, they admit the aforesaid memorandum of agreement
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MFA No. 100301 of 2023
entered into between them. On enquiry, they submit that
they have agreed the terms and conditions of memorandum
of agreement and they have affixed their signature on the
said memorandum of agreement. The said memorandum of
agreement is taken on record.
4. In the result, we proceed to pass the following:
ORDER
a) The appeal stands allowed in terms of the
memorandum of agreement.
b) The impugned judgment and decree dated
20.10.2022 passed in MC No.11/2020 by the
learned Senior Civil Judge and JMFC, Kudligi
is hereby set-aside. Consequently, the said
MC No.11/2020 stands disposed off in terms
of the memorandum of agreement.
c) The marriage between the appellant and
respondent solemnized on 28.04.1996 is
hereby dissolved by decree of divorce in
terms of memorandum of agreement.
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MFA No. 100301 of 2023
d) Memorandum of agreement shall form part
and parcel of the decree.
e) Registry to draw decree accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
JTR
