Sri Prashanth Kumar K.M vs Smt. Deepti G B
2023 Latest Caselaw 1239 Kant

                                              -1-
                                                       MFA No.2575 of 2016




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                           DATED THIS THE 9TH DAY OF FEBRUARY 2023
                                           PRESENT
                             THE HON'BLE MR. JUSTICE ALOK ARADHE
                                              AND
                         THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY
                        MISCELLANEOUS FIRST APPEAL NO.2575 OF 2016 (FC)
                   BETWEEN:
                   1.    SRI. PRASHANTH KUMAR K.M.
                         S/O DR. K.M. MALLIKARJUNAIAH
Digitally signed
by RUPA V                AGED ABOUT 34 YEARS
Location: High           R/O 4579/4, NEAR BAPUJI BANK SAMUDAYA
Court of                 BHAVAN, S.S.BADAVANE, A BLOCK
Karnataka                DAVANAGERE-577 004.

                         ADDITIONAL ADDRESS:
                         C/O B. BASANNA
                         NO.5/1, SRI. MANJUNATHA NILAYA
                         13TH CROSS, LEFT KALAPPA LAYOUT
                         3RD MAIN, BASAVANAGARA
                         NEW MARATH HALLI, BENGALURU-37.
                                                                 ...APPELLANT
                   (BY SMT. SARITHA KULKARNI, ADV.,)
                   AND:
                   1.    SMT. DEEPTI G.B.
                         D/O LATE G.M. BAKKESH
                         AGE 34 YEARS
                         R/O NO.1901/3, PANCHAKSHARI NILAYA
                         2ND FLOOR, 12TH CROSS
                         SIDDAVEERAPPA BADAVANE
                         DAVANAGERE-577 004.
                                                              ...RESPONDENT
                   (BY SRI. M.R. HIREMATHAD, ADV.,)
                        THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT
                   ACT,   AGAINST     THE   JUDGMENT      AND    DECREE
                   DATED:06.01.2013 PASSED IN O.S.NO.7/13 ON THE FILE OF
                   THE JUDGE, FAMILY COURT, DAVANGERE, DISMISSING THE
                   SUIT FOR DECREE OF DIVORCE.
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                                       MFA No.2575 of 2016




     THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

                      JUDGMENT

Parties along with their counsel are present.

This appeal has been filed against judgment dated

06.01.2013 passed in O.S.No.7/2013.

2. Learned counsel for the parties have invited the

attention of this Court to the joint memo and it is

submitted that the dispute between the parties has been

amicably resolved.

3. The terms and conditions of compromise read as

under:

"In view of their irretrievable conclusion they have got settled their dispute in all respects, resultantly the appellant has hereby agreed to pay Rs.25,80,000/- (Rupees Twenty Five Lakhs, Eighty Thousand only) as full and final settlement, the said sum is payable in two installments that is Rs.12,90,000/- (Rupees

MFA No.2575 of 2016

Twelve lakhs ninety thousand only) on or before 27th of February, 2023 and another installment Rs.12,90,000/- (Rupees Twelve lakhs ninety thousand only) is payable on or before 29th of March, 2023, the Appellant shall file the compliance affidavit on or before 29th of March 2023, non compliance of the above said terms would result in revival of the present appeal."

3. In view of aforesaid compromise arrived at

between the parties, judgment and decree dated

06.01.2016 passed in O.S.No.7/2013 is modified.

The marriage solemnized between the parties on

25.10.2009 is dissolved by a decree of divorce.

Accordingly, the appeal is disposed of in terms of

the compromise arrived at between the parties.

Sd/-

JUDGE

Sd/-

JUDGE RV