Karnataka High Court
Sri Nikhil Manjunath Shanbhag vs Smt. Apoorva Gurudutt Kamath on 16 June, 2023
Bench: Alok Aradhe, Anant Ramanath Hegde
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MFA No. 1188 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
MISCELLANEOUS FIRST APPEAL NO. 1188 OF 2023 (FC)
BETWEEN:
SRI NIKHIL MANJUNATH SHANBHAG,
SON OF SRI MANJUNATH SHANBHAG,
AGED ABOUT 35 YEARS,
RESIDING AT NO 12-A, SHANTHI NIKETHAN,
PRABHATH COLONY, SANTA CRUZ EAST,
MUMBAI - 400 055.
...APPELLANT
(BY SRI ANANTH KUMAR C, ADVOCATE)
AND:
SMT. APOORVA GURUDUTT KAMATH,
WIFE OF SRI NIKHIL MANJUNATH SHANBHAG,
AGED ABOUT 32 YEARS,
Digitally signed RESIDING AT FLAT NO 102,
by BELUR
RANGADHAMA DEEPANJALI APARTMENTS,
NANDINI OPP VIJAYA BANK, BEJAI,
Location: HIGH
COURT OF MANGALURU TALUK - 575004.
KARNATAKA ...RESPONDENT
(BY SRI G.L.MOHAN MAIYA, ADVOCATE)
THIS MFA IS FILED U/S.19(1) FAMILY COURT ACT,
AGAINST THE JUDGMENT AND DECREE DT.11.08.2022 PASSED
IN MC NO.232/2022 ON THE FILE OF THE PRINCIPAL JUDGE,
FAMILY COURT, D.K, MANGALURU, DECREEING THE PETITION
FILED U/S.13(ia) AND (ib) OF HINDU MARRIAGE ACT, 1955.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, ALOK
ARADHE J., DELIVERED THE FOLLOWING:
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MFA No. 1188 of 2023
JUDGMENT
This appeal is filed against the judgment dated
11.08.2022 passed in M.C.No.232/2022 by the Family Judge,
Family Court, Mangaluru by which petition filed by the
respondent/wife under Section 13(ia) of the Hindu Marriage
Act, 1955 has been decreed and the marriage performed
between the parties has been dissolved.
2. When the matter was called today, parties as well as
their counsel submitted that the dispute between the parties
has been amicably settled. They have invited the attention of
this Court to the application filed under Order XXIII Rule 3 of
the code of Civil Procedure which has been duly signed by the
parties. The terms and conditions of the compromise reads as
under:
"1. The respondent herein had filed a petition seeking
divorce before the Family Judge, Mangalore in
M.C.No.232/2022 wherein the said petition came to
be decree exparte. Being aggrieved with the same,
the Appellant had preferred the above appeal and
during the pendency of the above appeal, with the
intervention of friends and well wishers the matter is
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MFA No. 1188 of 2023
amicably settled between the parties on the following
terms.
2. The appellant has accepted the judgment date
11-08-2022 passed by the Trial Court in
M.C.No.232/2022 on the file of Principal Family
Judge, Mangalore and in pursuance of the same, the
Appellant is herewith paying the amount of
Rs.20,00,000/- (Rupees Twenty Lakhs only) by way
of D.D. No. 003347, drawn on HDFC Bank to the
respondent towards full and final settlement for
respondent and the minor kid Atharva Nikhil
Shanbhag.
3. The respondent has accepted the same and agrees
that all pending petitions filed by her shall be
withdrawn unconditionally by virtue of the settlement
arrived in the above appeal and the appellant and
respondent shall not have any claims whatsoever
past, present and future and both have agreed that
they shall not interfere with the life and property of
the other person.
4. The appellant has also agreed to return all the gold
and silver articles listed separately as Annexure - A to
this Compromise Petition and the respondent has
accepted the same.
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MFA No. 1188 of 2023
5. The Appellant has agreed that the Minor kid viz.,
Atharva Nikhil Shanbhag shall be in custody with the
Respondent and Appellant give up the custody of the
minor kid and claims only visitation with prior
intimation to the respondent".
3. In view of the aforesaid compromise arrived at
between the parties, the marriage performed between the
parties on 24.12.2015 is dissolved by a decree of divorce and
the appeal is disposed of in terms of compromise arrived at
between the parties.
Sd/-
JUDGE
Sd/-
JUDGE
BRN
