Karnataka High Court
Sri.Sidharth Sainath vs Mrs.Siri Manjunath on 28 June, 2023
Bench: Alok Aradhe, Anant Ramanath Hegde
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NC: 2023:KHC:22332-DB
MFA No.6639 of 2021
C/W MFA No.4330 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH 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.6639 OF 2021 (FC)
C/W
MISCELLANEOUS FIRST APPEAL NO.4330 OF 2022 (FC)
IN MFA NO.6639 OF 2021
Digitally BETWEEN:
signed by
RUPA V 1. SMT. SIRI MANJUNATH
Location: W/O SIDHARTH SAINATH
High Court AGED ABOUT 31 YEARS
of Karnataka RESIDING AT SNEHA SRI
DR. RAJKUMAR ROAD
NEW EXTENSION, KUNIGAL-572130.
...APPELLANT
(BY SRI. RIYAZ PASHA K, ADV.,)
AND:
1. SRI. SIDHARTH SAINATH
S/O M.J. SAINATH
AGED ABOUT 33 YEARS
RESIDING AT NO.B-1
BEHIND NEW KANTHARAJURS ROAD
KUVEMPUNAGAR, MYSURU-570023.
...RESPONDENT
(BY SRI. Y. RAJENDRA PRASAD SHETTY, ADV.,)
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NC: 2023:KHC:22332-DB
MFA No.6639 of 2021
C/W MFA No.4330 of 2022
THIS MFA IS FILED U/S.19(1) OF FAMILY COURTS ACT,
AGAINST THE JUDGMENT AND DECREE DT.27.10.2021
PASSED IN MC NO.246/2020 ON THE FILE OF THE II
ADDITIONAL PRL. JUDGE, FAMILY COURT, MYSURU,
ALLOWING THE PETITION FILED U/S.13(1)(ib) OF THE HINDU
MARRIAGE ACT, 1955.
IN MFA NO.4330 OF 2022
BETWEEN:
1. SRI. SIDHARTH SAINATH
S/O M.J. SAINATH
AGED ABOUT 34 YEARS
RESIDING AT NO.B-1
BEHIND NEW KANTHARAJURS ROAD
KUVEMPUNAGAR, MYSURU-570023.
.... APPELLANT
(BY SRI. Y. RAJENDRA PRASAD SHETTY, ADV.,)
AND:
1. MRS. SIRI MANJUNATH
W/O SIDHARTH SAINATH
AGED ABOUT 32 YEARS
RESIDING AT SNEHA SRI
DR. RAJKUMAR ROAD
NEW EXTENSION, KUNIGAL-572130.
.... RESPONDENT
(BY SRI. RIYAZ PASHA K, ADV.,)
THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT,
AGAINST THE JUDGMENT AND DECREE DATED 27.10.2021
PASSED IN MC NO.246/2020 ON THE FILE OF THE II
ADDITIONAL PRL. JUDGE, FAMILY COURT, MYSURU,
ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) OF
THE HINDU MARRIAGE ACT.
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MFA No.6639 of 2021
C/W MFA No.4330 of 2022
THESE APPEALS COMING ON FOR ORDERS, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Parties along with their counsel are present.
These appeals have been filed against judgment
dated 27.10.2021 passed by the Family Court in
M.C.No.246/2020 by which petition filed by the
respondent - husband under Section 13(1)(ia) of the
Hindu Marriage Act, 1955 (hereinafter referred to as 'the
Act') has been allowed and the wife is held to be entitled
to a sum of Rs.10,00,000/- on account of permanent
alimony and the petition filed by the respondent -
husband under Section 13(1)(ib) of the Act has been
dismissed.
2. Learned counsel for the parties, while inviting
the attention of this Court to the compromise petition
filed on behalf of the parties, submit that the dispute
NC: 2023:KHC:22332-DB
MFA No.6639 of 2021
C/W MFA No.4330 of 2022
between them has been amicably resolved. The terms
and conditions of the settlement read as under:
"4. a) The respondent/husband
has issued a cheque for a sum of
Rs.15,00,000/- (Fifteen Lakhs) by
cheque bearing No.065119 dated
20.06.2023 drawn on Bank of India,
Kuvempu Nagar Branch, Mysore,
Karnataka-570023, in favour of Mrs. Siri
Manjunath/appellant/wife as
permanent Alimony paid by the Siri
Sidharth Sainanath/husband.
b) The respondent/husband Sri.
Sidharth Sainath shall transfer one site
to the appellant/wife name Mrs.Siri
Manjunath, bearing site No.14, formed
in Sy.No.412, LN No.126/1984-85
(Green Stay Layout) Panchayath Khata
Janjar No.1028/863, measuring East to
West by 40 feet and North to South by
60 feet, situated at Thandavapura
Village, Chikkayynachatra Hobli,
Nanjangud Taluk, a bounded to the:
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MFA No.6639 of 2021
C/W MFA No.4330 of 2022
North by: Road
South by: Site No.22
East by: Site No.15
West by: Site No.13
c) The respondent/husband shall
also transfer another site measuring
10010 Sq.feet out of 14.120 feet to the
daughter of the appellant and
respondent Miss. Sia Sidharth, being
minor, represented by the
appellant/wife, a site bearing No.32A,
situated at Nanjangud Taluk,
Chikkayyanachatra Hobli,
Thandavapura Village, Khata Janja 945,
bounded to the:
North by: site
South by: Site No.32B of M.J. Sainath
East by: Remaining Site No.32A
West by: Road
5. The site is presently stands in
the name of mother of the
respondent/husband, The site will
remain in the name of Miss. Sia Sidharth
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MFA No.6639 of 2021
C/W MFA No.4330 of 2022
till she reaches the age of majority,
thereafter, she will get the absolute right
to possess or sell the same. The site you
will possession will give to the mother of
Sia today.
6. Both the parties have no claim
from each other whatsoever, in future.
The appellant and respondent have
agreed that they have arrived at this
settlement on their own will and wish
and there is no coercion, undue influence
or fraud from anyone to arrive at the
above settlement.
7. The Possession of the said site
shall be handed over to the Second
Party i.e., Siri, Manjunath and continues
to be in possession till Miss Sia Siddarth
attains majority."
3. In view of the aforesaid compromise arrived at
between the parties, judgment and decree dated
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MFA No.6639 of 2021
C/W MFA No.4330 of 2022
27.10.2021 passed in M.C.No.246/2020 insofar as it
dissolves the marriage between the parties, is affirmed.
Accordingly, the appeals are disposed of in terms of
the compromise arrived at between the parties.
Sd/-
JUDGE
Sd/-
JUDGE
RV
