Smt Nagamma vs Sri D Karunakara
2023 Latest Caselaw 754 Kant

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 11TH DAY OF JANUARY 2023

                       PRESENT

        THE HON'BLE MR. JUSTICE ALOK ARADHE

                          AND

   THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

              M.F.A. NO.3562/2020 (FC)
BETWEEN:

SMT. NAGAMMA
AGED ABOUT 55 YEARS
D/O K.C. KRISHNEGOWDA
W/O D. KARUNAKARA @ LAKSHMAN
R/OF KANCHUGARAKOPPAL VILLAGE
KESTHUR POST, CHUNCHANAKATTE
HOBLI, K.R. NAGAR TALUK
MYSORE - 571 602.                         ...APPELLANT

(BY SRI B.S. NAGARAJ, ADV., - ABSENT)

AND:

SRI D. KARUNAKARA @ LAKSHMAN
AGED ABOUT 64 YEARS
S/O K. DEVEGOWDA
R/AT NO.4348, 17TH MAIN
5TH CROSS, KRISHNADEVARAYA
CIRLCE, VIJAYANAGAR 2ND STAGE
MYSORE - 570 017.                       ...RESPONDENT

(BY SRI S. SUDHARASAN, ADV.,)

      THIS M.F.A. IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING AGAINST THE
JUDGMENT AND DECREE DT.22.11.2019 PASSED IN MC
NO.451/2019 ON THE FILE OF THE I ADDITIONAL PRL. JUDGE,
FAMILY COURT, MYSURU, ALLOWING THE PETITION FILED
U/S.13(1)(i-a) AND (i-b) OF HINDU MARRIAGE ACT.

     THIS APPEAL COMING ON FOR ORDERS THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
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                     JUDGMENT

The appellant is present in person and the

respondent along with his counsel is also present.

2. This appeal has been filed against the

judgment and decree dated 22.11.2019 passed by the

Family Court, Mysuru by which, the petition filed by the

respondent Under Section 13(1)(i-a) and (i-b) of Hindu

Marriage Act, 1955 has been allowed and the marriage

between the parties has been dissolved by a decree of

divorce.

3. The appellant as well as learned counsel for

the respondent submitted that the parties have arrived at

an amicable settlement. Joint memo duly signed by the

parties has also been filed. The terms and conditions of

the said Joint memo reads as hereunder:

"3. The Appellant hereby agree the offer made by the Respondent to a sum of Rs.7,00,000/- (Rupees Seven Lakhs Only) as a full and final settlement. The Appellant further undertakes to withdraw the proceedings initiated in Criminal Misc 329/2021 on the file of Addl Civil Judge, JMFC, Srirangapatna and Criminal Misc 46/2012 on the file of Addl Civil Judge,

JMFC, Srirangapatna respectively. A Demand Draft for the said sum dated 04.01.2023 bearing number 055615, drawn on Bank of Baroda, MUDA Branch Mysuru is handed over to the petitioner.

4. The Appellants and the Respondent agree, affirm and undertake that they will in no manner, either directly or indirectly, interfere with the rights of each other.

5. The Appellants and the Respondent hereby affirm and undertake that they have no manner of claim or interest against each other, and adhere to the terms of this compromise petition.

6. The Appellants and the Respondent affirm that they have entered into compromise voluntarily and without any coercion or undue influence. The Parties further pray.

7. The Appellants and the Respondent hereby affirm that this settlement be made a part of the decree of this Hon'ble Court in this proceeding. The Appellants and the Respondent shall bear their own costs."

4. In pursuance of the aforesaid compromise

arrived at between the parties, the respondent has

handed over a demand draft of Rs.7,00,000/- (Seven

Lakhs) to the appellant today.

5. In view of compromise arrived at between

the parties, the appeal is disposed of in terms of the said

compromise arrived at between the parties.

Sd/-

JUDGE

Sd/-

JUDGE

NMS