Karnataka High Court
Kalyana Chakravathi S/O K. Hampanna vs Smt.Chandrika K. W/O Kalyana ... on 9 December, 2023
1
HIGH COURT LEGAL SERVICES COMMITTEE, DHA RWAD
BENCH
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 9 T H DAY OF DECEMBER, 2023
CONCILIATORS PRESENT
THE HON'BLE MR. JUSTICE H.P.SANDESH
AND
SHRI. SHIVAKUMAR S. BADAWA DAGI, MEMBER
MISCELLANEOUS FIRST APPEAL NO.102455 OF 2019
C/W
MISCELLANEOUS FIRST APPEAL NO.102456 OF 2019
WRIT PETITION NO.101345 OF 2018
CRIMINAL PETITION NO.100489 OF 2022
LOK ADALAT NO.2352/2023
IN MF A N O.102455 OF 2019:
BETWEEN:
KALYANA CHAKRA VATHI
S/O. K.HAM PANNA,
AGE: 31 YEARS , OCC: PRIVATE SERV ICE,
R/O: 1 S T CROSS, N EHRU CO- OPERATI VE
COLONY, HOS PET , NOW RESIDING FLAT NO.E1,
KAMALA APARTMENT,
BEHIND AC OF FICE, NEHRU CO-OPERATIVE COLONY ,
HOSPETE, DIST: BALLARI-583101.
...A PPELLANT
(BY SRI. PRAV EEN UPPAR, ADV. FOR SRI.M .V.HIREMATH
AND SRI .V.S .KALASURMATH, AD VOCATES)
2
AND:
SMT. CHANDRIKA K.,
W/O. KALYANA CHAKRAVATHI,
D/O. SIDDAPPA K .,
AGE: 28 YEARS , OCC: PRIVATE SERV ICE,
R/O: D OOR NO.1, WARD NO.29,
OPP: F OREST QUA RTERS, MAIN GAT E,
RAMANJINEYA NAGAR, BALLARI- 583101.
...RESPONDENT
(BY SRI. MALLIKA RJUNSWAMY B.HIREMATH, ADV OCATE)
THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 19(1) OF THE FAMILY COURT ACT, AGAINS T THE
JUDGMENT AND DECREE DATED 22.04.2019, PASSED IN
MATRIMONIAL CASE NO. 178/ 2016, ON THE FILE OF THE
PRINCIPA L J UDGE, FAMILY COURT, BALLARI, ALLOWIN G THE
PETITION FILED U/SEC. 9 OF THE HINDU MARRIAGE ACT,
1955.
IN MF A N O.102456 OF 2019:
BETWEEN:
KALYANA CHAKRA VATHI
S/O. K.HAM PANNA,
AGE: 31 YEARS , OCC: PRIVATE SERV ICE,
R/O: 1 S T CROSS, N EHRU CO- OPERATI VE
COLONY, HOS PET , NOW RESIDING
FLAT NO.E1, KAMALA A PARTMENT,
BEHIND AC OF FICE,
NEHRU CO- OPERA TIVE COLONY ,
HOSPETE, DIST: BALLARI-583101.
...A PPELLANT
(BY SRI. PRAV EEN UPPAR, ADV. FOR SRI.M .V.HIREMATH
AND SRI .V.S .KALASURMATH, AD VOCATES)
AND:
SMT. CHANDRIKA K.,
W/O. KALYANA CHAKRAVATHI,
D/O. SIDDAPPA K .,
AGE: 28 YEARS , OCC: PRIVATE SERV ICE,
R/O: D OOR NO.1, WARD NO.29,
OPP: F OREST QUA RTERS, MAIN GAT E,
BELAGA L ROAD, RAMANJINEYA NAGAR,
BALLARI-583101.
...RESPONDENT
(BY SRI. MALLIKA RJUNSWAMY B.HIREMATH, ADV OCATE)
THIS MISCELLANEOUS FIRST APPEA L IS FILED UNDER
SECTION 19(1) OF THE FAMILY COURT ACT, AGAINS T THE
JUDGMENT AND DECREE DATED 22.04.2019, PASSED IN
MATRIMONIAL CA SE NO.73/ 2018, ON THE FILE OF THE
PRINCIPA L JUDGE, FAMILY COURT, BALLARI, DISMISSING
THE PETITION FILED U/SEC. 13( 1)( ia) OF THE HINDU
MARRIAGE ACT , 1955.
IN WP NO.101345 OF 2018
BETWEEN:
KALYANA CHAKRA VATHI
S/O. K.HAM PANNA,
AGE: 35 YEARS , OCC: PRIVATE SERV ICE,
R/O: 1 S T CROSS, N EHRU CO- OPERATI VE
COLONY, HOS PET , NOW RESIDING
C/O. G.LINGARAD DI, SIDDES HWAR,
GENERAL STORES, DAM ROAD ,
NEAR RAM CIRCLE HOS PETE,
DIST: BALLARI .
...A PPELLANT
(BY SRI. PRAV EEN UPPAR, ADV. FOR SRI.M .V.HIREMATH
AND SRI .V.S .KALASURMATH, AD VOCATES)
AND:
SMT. CHANDRIKA K.,
W/O. KALYANA CHAKRAVATHI,
D/O. SIDDAPPA K .,
AGE: 29 YEARS , OCC: PRIVATE SERV ICE,
R/O: D OOR NO.1, WARD NO.29,
OPP: F OREST QUA RTERS, MAIN GAT E,
RAMANJINEYA NAGAR, BALLARI .
...RESPONDENT
(BY SRI. MALLIKA RJUNSWAMY B.HIREMATH, ADV OCATE)
THIS WRIT PETITON IS FILED UND ER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYIN G TO,
QUASH THE IMPUGNED ORDER DATED 27.01.2018 PA SSED
BY THE COURT OF PRL.J UDGE FAMILY COURT, BALLA RI ON
I.A.N O.IV FILED U/S.24 OF THE HIN DU MARRIAGE ACT, IN
MAT.CASE.N O.178/2016 VIDE ANNEXURE-E.
IN CRL.P NO.100489 OF 2022:
BETWEEN:
1. KALYAN S/O. HAM PANNA CHAKRAVA RTHI
AGE: 37 YEARS , OCC: ENGINEER,
R/O: 1 S T CROSS, N EHARU CO- OPERA TIVE COLONY ,
HOSPET, DIST: BA LLARI-583101.
2. HAMPANNA K.,
AGE: 68 YEARS , OCC: RETIRED PERS ON,
R/O: 1 S T CROSS, N EHARU CO- OPERA TIVE COLONY ,
HOSPET, DIST: BA LLARI-583101.
3. PARVATHI
AGE: 63 YEARS , OCC: HOUS EWIFE,
R/O: 1 S T CROSS, N EHARU CO- OPERA TIVE COLONY ,
HOSPET, DIST: BA LLARI-583101.
4. SRIDHAR
AGE: 55 YEARS , OCC: BUSINESSMAN,
R/O: HOSPET, DIS T: BALLARI- 583101.
5. NETRAVATHI
AGE: 47 YEARS , OCC: HOUS EWIFE,
R/O: HOSPET, DIS T: BALLARI- 583101.
...APPELLANTS
(BY SRI. PRAV EEN UPPAR, ADVOCAT E FOR
SRI .M.V .HIREMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
(COWLBAZA R POLICE STATION , BALLARI),
R/BY STATE PUBLI C PROSECUTOR,
HIGH COURT OF K ARNATAKA,
DHARWAD BEN CH, AT: DHARWAD- 580011.
2. CHANDRIKA W/O. KALYANA CHAKRA VARTHI
AGE: 33 YEARS , OCC: HOUS EWIFE,
R/O: D OOR NO.01, WARD N O.29,
FOREST QUARTERS, RAMANJINEYA N AGAR,
BALLARI-583101.
...RESPONDENTS
(BY SMT.GIRIJA S HIREMATH, HCGP FOR R1,
SRI. MALLIKARJUN SWAMY B.HIREMA TH, ADV . FOR R2)
THIS CRIMINAL PETITON IS FILED UNDER SECTION
482 OF CR.P.C., SEEKING TO, QUASH THE CRI MINAL
PROCEEDINGS AGAINST THE PRESENT PETITIONERS WHO IS
ARRAYED AS ACCUSED NO.1 TO 5 IN CC N O.1616/ 2017
(COWLBAZA R P.S. CRIME NO.261/2016) , FOR THE
OFFENCES PUNIS HABLE U/S . 323, 498A , 504, 506 OFIPC
SECTION 3 AND 4 OF DOWRY PROHIBITION ACT 1961 AND
APPLICATION UND ER SECTION 319 OF CR.P.C., PENDI NG ON
THE FILE OF II ADDITIONAL CIVIL JUDGE (JR.DN) AND
JMFC, BA LLARI .
THESE MFA's, WIRT PETITION AND CRIMINAL PETITION
COMING ON FOR CONCILIATION BEF ORE LOK ADALAT AFTER
BEING REFFERED BY THE COURT, THE FOLLOWING
CONCILIATI ON ORDER IS PASSED:
CONCILIATION ORDER
Both the parties along with their respective counsels are
present.
2. After prolonged negotiations, the matter is settled. A
joint memo is filed on behalf of the parties. In terms of the joint
memo, it is mutually agreed for dissolution of marriage dated
27.11.2014. The parties have withdrawn all the allegations
levelled against each other. The parties have agreed to hand
over the ornaments and furniture mentioned in the joint memo
on 20.12.2023. The list is also mentioned in the joint memo. The
appellant in lieu of permanent alimony, has agreed to pay a sum
of Rs.35,00,000/- (Rupees Thirty Five Lakhs only) to the
respondent on different dates as mentioned in the joint memo.
Both the parties have also agreed to withdraw all the pending
cases against each other i.e. Crl.Misc.No.199/2017 and
C.C.No.1616/2017 and Crl.Misc.No.237/2023 including if any
other case.
3. The parties have understood the terms of the
compromise and the same is also explained to them.
4. In view of the joint memo, the impugned order
passed in MAT No.178/2016 and MAT No.73/2018 are set aside.
MFA No.102455/2019 is allowed and divorce as sought has been
granted. Order impugned in MFA No.102456/2019 is also
allowed by setting the order of directing the respondent herein
to join the matrimonial home.
5. Consequent upon settlement, the writ petition and
the criminal petition are dismissed as withdrawn.
6. The registry is directed to draw the decree of divorce
as sought in MFA No.102455/2019 in terms of the compromise,
subject to fulfillment of the conditions mentioned in the joint
memo.
7. The appellant has no objections to withdraw the
amount deposited earlier towards maintenance. Hence, the
respondent is permitted to withdraw the amount in deposit, if
any.
8. A copy of this order be placed in all the files along
with a copy of the joint memo.
Sd/-
JUDGE
Sd/-
MEMBER
sh
