Sri. Gurunath Kulkarni vs Smt. T.R. Aruna
2023 Latest Caselaw 1328 Kant

                                             -1-
                                                       MFA No. 1637 of 2016
                                                   C/W MFA No. 1636 of 2016




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                      DATED THIS THE 15TH DAY OF FEBRUARY, 2023
                                          PRESENT
                         THE HON'BLE MR JUSTICE ALOK ARADHE
                                            AND
                     THE HON'BLE MR JUSTICE VIJAYKUMAR A PATIL
                               M.F.A NO.1637 OF 2016 (FC)
                                            C/W
                               M.F.A NO.1636 OF 2016 (FC)

                   IN M.F.A. NO. 1637 OF 2016
                   BETWEEN:

                       SRI. GURUNATH KULKARNI,
                       S/O ANIL KULKARNI,
                       AGED ABOUT 36 YEARS,
                       R/O NO.215, PINE A2,
                       PRESTIGE GREENWOODS NO.7 & 8,
                       NAGAVARA, C V RAMAN NAGAR POST,
                       BANGALORE-560093.
Digitally signed
by GAYATHRI            PRESENTLY RESIDING AT NO.B-2,
N                      BHAGEERATHI APARTMENTS,
Location: HIGH         346, NEHRU ROAD, TILAKWADI,
COURT OF               BELGAUM-590006.
KARNATAKA


                                                                ...APPELLANT
                   (BY SRI. V P KULKARNI, ADVOCATE)
                            -2-
                                     MFA No. 1637 of 2016
                                 C/W MFA No. 1636 of 2016




AND:

       SMT. T.R. ARUNA,
       W/O GURUNATH KULKARNI,
       D/O SRI R. R. TASGAONKAR,
       AGED ABOUT 30 YEARS,
       NO.308, KAVERI, 6TH A CROSS,
       I STAGE, III BLOCK, HBR LAYOUT,
       BANGALORE-560043.



                                            ...RESPONDENT

(BY SRI. G B SHARATH GOWDA, ADVOCATE)

THIS M.F.A IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT, PRAYING TO i) SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE V ADDL. PRL. JUDGE, FAMILY COURT AT BANGALORE M.C. NO. 1638/2009 DATED 30.11.2015 AND GRANT A DECREE AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. ii) PASS SUCH OTHER ORDER OR ORDERS AS MAY BE DEEMED JUST AND NECESSARY IN THE FACTS AND CIRCUMSTANCES OF THE CASE.

IN M.F.A. NO. 1636 OF 2016

BETWEEN:

SRI. GURUNATH KULKARNI, S/O ANIL KULKARNI, AGED ABOUT 36 YEARS, R/O NO.215, PINE A2, PRESTIGE GREENWOODS NO.7 & 8, NAGAVARA, C V RAMAN NAGAR POST, BANGALORE-560093. PRESENTLY RESIDING AT: NO.B-2, BHAGEERATHI APARTMENTS, 346, NEHRU ROAD, TILAKWADI, BELGAUM-590006.

...APPELLANT

MFA No. 1637 of 2016 C/W MFA No. 1636 of 2016

(BY SRI. V P KULKARNI, ADVOCATE) AND:

SMT. T.R. ARUNA, W/O GURUNATH KULKARNI, D/O SRI R. R. TASGAONKAR, AGED ABOUT 30 YEARS, NO.308, KAVERI, 6TH A CROSS, I STAGE, III BLOCK, HBR LAYOUT, BANGALORE-560043.

...RESPONDENT (BY SRI. G B SHARATH GOWDA, ADVOCATE FOR RESPONDENT)

THIS M.F.A IS FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT, PRAYING TO i) SET ASIDE THE JUDGMENT AND AWARD PASSED BY THE V ADDL. PRL. JUDGE, FAMILY COURT AT BANGALORE IN M.C. NO. 680/2010 DATED 30.11.2015 AND GRANT A DECREE AS PRAYED FOR IN THE INTEREST OF JUSTICE AND EQUITY. ii) PASS SUCH OTHER ORDER OR ORDERS AS MAY BE DEEMED JUST AND NECESSARY IN THE FACTS AND CIRCUMSTANCES OF THE CASE.

THESE APPEALS, COMING ON FOR HEARING, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

COMMON JUDGMENT

MFA No.1637/2016 has been filed against the order

dated 30.11.2015 in M.C.No.1638/2009 by which the

petition filed by the appellant/husband under Section 13 of

the Hindu Marriage Act, 1956, has been dismissed.

MFA No. 1637 of 2016 C/W MFA No. 1636 of 2016

2. MFA No.1636/2016 has been filed against the order

dated 30.11.2015 passed in M.C.No.680/2010 by which

the petition filed by the respondent/wife under Section 9

of the Hindu Marriage Act, 1956, has been allowed.

3. Learned counsel for both the parties after obtaining

instructions from their parties, invited attention of this

Court to submit that dispute between them has been

amicably resolved. In this connection attention of this

Court has been invited to the memo, which has been filed

on behalf of the parties and which is duly signed by the

learned counsel for the parties.

4. In view of the compromise arrived at between the

parties as well as taking note of the fact that even after

passing of impugned judgment and decree dated

30.11.2015 for restitution of conjugal rights, the parties

have not resided together. The appeal is disposed of in

the following terms and conditions :-

MFA No. 1637 of 2016 C/W MFA No. 1636 of 2016

a. The marriage performed between the parties on

23.04.2006 is dissolved by decree of divorce. The

appellant/husband shall pay a sum of Rs.20,00,000/-

(Rupees Twenty Lakhs only) to the respondent/wife within

a period of one month from today.

b. The judgment and decree passed in M.C.No.1638/2009

and M.C.No.680/2010 both dated 30.11.2015 is set aside

and the appeals are disposed of in terms of compromise

arrived at between the parties.

Sd/-

JUDGE

Sd/-

JUDGE

NG CT :SV