Karnataka High Court
Smt S L Vijayashree vs Sri S Puttaiah on 12 July, 2023
Bench: Alok Aradhe, Anant Ramanath Hegde
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MFA No.3420 of 2020
C/W MFA No.3422 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO.3420 OF 2020 (MC)
C/W
MISCELLANEOUS FIRST APPEAL NO.3422 OF 2020 (MC)
IN M.F.A. NO.3420 OF 2020
BETWEEN:
1. SMT. S.L. VIJAYASHREE
W/O S. PUTTAIAH
AGED 33 YEARS
Digitally R/O NO.1417, IST BLOCK
signed by SIR. M. VISHWESHWARAIAH LAYOUT
RUPA V
KENGERI UPANAGARA
Location: BENGALURU-560060.
High Court
of Karnataka ...APPELLANT
(BY SRI. HANUMANTHARAYAPPA K, ADV.,)
AND:
1. SRI. S. PUTTAIAH
S/O SIDDA BASAVAIAH
AGED 46 YEARS
ASSISTANT ENGINEER IN
PANCHAYATRAJ DEPARTMENT
GOVERNMENT OF KARNATAKA
R/O DALAVAYIKODIHALLI VILLAGE
HALGURU HOBLI, MALAVALLI TALUK-571421.
...RESPONDENT
(BY SRI. ABHINAV ANAND, ADV., FOR C/R)
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MFA No.3420 of 2020
C/W MFA No.3422 of 2020
THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
COURT ACT, AGAINST THE JUDGEMENT AND DECREE DATED
05.06.2020 PASSED IN M.C.NO.25/2015 ON THE FILE OF THE
SENIOR CIVIL JUDGE, MALAVALLI, ALLOWING THE PETITION
FILED UNDER SECTION 13(1) (ia)(ib) OF THE HINDU MARRIAGE
ACT.
IN M.F.A. NO.3422 OF 2020
BETWEEN:
1. SMT. S.L. VIJAYASHREE
W/O S. PUTTAIAH
AGED 33 YEARS
R/O NO.1417, IST BLOCK
SIR. M. VISHWESHWARAIAH LAYOUT
KENGERI UPANAGARA
BENGALURU-560060.
...APPELLANT
(BY SRI. HANUMANTHARAYAPPA K, ADV.,)
AND:
1. SRI. S. PUTTAIAH
S/O SIDDA BASAVAIAH
AGED 46 YEARS
ASSISTANT ENGINEER IN
PANCHAYATRAJ DEPARTMENT
GOVERNMENT OF KARNATAKA
R/O DALAVAYIKODIHALLI VILLAGE
HALGURU HOBLI, MALAVALLI TALUK-571421.
...RESPONDENT
(BY SRI. ABHINAV ANAND, ADV., FOR C/R)
THIS MFA IS FILED UNDER SECTION 19 OF FAMILY
COURT ACT, AGAINST THE JUDGEMENT AND DECREE DATED
05.06.2020 PASSED IN M.C.NO.66/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE, MALAVALLI, REJECTING THE PETITION
FILED UNDER SECTION 9 OF THE HINDU MARRIAGE ACT.
THESE APPEALS COMING ON FOR FINAL HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
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MFA No.3420 of 2020
C/W MFA No.3422 of 2020
JUDGMENT
Parties along with their counsel present.
2. MFA No.3420/2020 has been filed by the
wife against the judgment and decree dated
05.06.2020 by which the petition filed by the wife
under Section 9 of the Hindu Marriage Act
(hereinafter referred to as 'the Act' for short) has
been dismissed. MFA No. 3422/2020 has been filed
against the judgment dated 05.06.2020 passed in
M.C.No.25/15 by which petition filed by the
husband seeking dissolution of marriage under
Section 13 of the Act, has been allowed.
3. The parties as well as their counsel
submit that the parties have amicably resolved the
dispute between them. In this connection, our
attention has been invited to the compromise
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MFA No.3420 of 2020
C/W MFA No.3422 of 2020
petition, which has been duly signed by the parties.
The terms and conditions of the compromise read as
under:
5. At this length of time, on the advice of
relatives and well-wishers and after mutual
discussion between the appellant and the
respondent, the appellant and the
respondent have agreed to put an end to
this matrimonial dispute and the litigation
arising therefrom. The appellant is a
M.F.A.M. graduate and the respondent is a
B.E. graduate. The appellant and the
respondent in this direction have decided to
agree for compromise on the following terms
and conditions:
(a) That the respondent shall pay a sum of
Rs.10,00,000/- (Rupees ten lakhs only) to
the appellant as full and final alimony to
her. So, the respondent today paid this
Rs.10,00,000/- (Rupees ten lakhs only) to
the appellant as full and final alimony to her
through Demand Draft bearing No.727037
dated 11.07.2023 drawn on the Bank of
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MFA No.3420 of 2020
C/W MFA No.3422 of 2020
Baroda, Mandya Main Branch, which the
Appellant acknowledges.
(b) On receipt of full, final and onetime
alimony of Rs.10,00,000/- (Rupees ten
lakhs only) from the respondent, the
appellant has no objection for dismissal of
MFA No.3422/2020 (MC) and confirming the
judgment and decree of divorce dated
05.06.2020 in M.C.No.25/2015 passed by
the learned Senior Civil Judge at Malavalli
and the appellant has no objection for
dismissal of M.F.A.No.3420/2020 filed by
her as withdrawn.
(c) That the appellant shall not or will not
claim any right or share in any movable or
immovable property/s owned or possessed
by the respondent in his name or in his joint
family in future.
(d) That the appellant is withdrawing all
the allegations made in the criminal case
against the respondent and his relatives in
C.C.No.1248/2013 on the file of the learned
JMFC at Malavalli. The appellant has no
objection for quashing the criminal case in
C.C.No.1248/2013 by this Hon'ble Court
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MFA No.3420 of 2020
C/W MFA No.3422 of 2020
inan appropriate criminal petition filed by
the respondent.
(e) That the respondent has no objection
for dismissal of Criminal Petitions
3592/2019 and 3593/2019 filed by him as
withdrawn and the appellant has no
objection for dismissal of Criminal Petition
No.751/2021 filed by her as withdrawn.
(f) The appellant has no objection for
allowing the Criminal Revision Petition
No.10/2021 filed by the respondent and
pending before the Sessions Court at
Mandya.
(g) That the appellant has already taken
her dresses and jewelry from the
matrimonial home and there is nothing for
her to claim from the respondent.
(h) The appellant and the respondent have
entered into this compromise on their own
will and volition after having undergone the
ordeal of matrimonial dispute and the cases
arising therefrom since the year 2013,
without anybody's force, threat or coercion.
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MFA No.3420 of 2020
C/W MFA No.3422 of 2020
4. In pursuance of the aforesaid compromise,
respondent has handed over a demand draft for a
sum of Rs.10 Lakhs to the appellant before us, the
receipt of which the appellant acknowledges.
5. In view of the compromise arrived at
between the parties, the marriage performed
between the parties is dissolved by a decree of
divorce and the appeal is disposed of in terms of the
compromise arrived at between them.
The decree granted by the trial court for
dissolution of marriage is confirmed.
Accordingly, the appeals are disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
SS
