Smt. Usha Manohar vs Sri. K M Manohar
2023 Latest Caselaw 3814 Kant

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                                                    NC: 2023:KHC:22335-DB
                                                       MFA No.2932 of 2019




                    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.2932 OF 2019 (FC)
               BETWEEN:

               1.    SMT. USHA MANOHAR
Digitally            W/O SHRI. K.M. MANOHAR
signed by            AGED ABOUT 62 YEARS
RUPA V
                     R/A MANDARA GROUND FLOOR
Location:            15-7-399, ARYASAMAJ ROAD
High Court
of Karnataka         MANGALORE-575003.
                                                              ...APPELLANT
               (BY SRI. VASANTH ADITHYA, ADV.,)
               AND:

               1.    SRI. K.M. MANOHAR
                     S/O LATE K.J. BHANDARY
                     AGED ABOUT 69 YEARS
                     R/A MANDARA, 1ST FLOOR, 15-7-399
                     ARYASAMAJ ROAD, MANGALURU-575003.
                                                            ...RESPONDENT
               (BY SRI. NATARAJA BALLAL A, ADV.,)

                    THIS MFA IS FILED U/S.19(1) OF FAMILY COURT ACT,
               AGAINST THE JUDGMENT AND DECREE DT.13.11.2018
               PASSED ON MC NO.440/2016 ON THE FILE OF THE PRINCIPAL
               JUDGE, FAMILY COURT, D.K, MANGALURU, DISMISSING THE
               PETITION FILED U/S.13(1)(ia) OF HINDU MARRIAGE ACT,
               ALLOWING THE PETITION FILED U/S.13(1)(ib) OF HINDU
               MARRIAGE ACT.

                   THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
               ALOK ARADHE J., DELIVERED THE FOLLOWING:
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                                    NC: 2023:KHC:22335-DB
                                       MFA No.2932 of 2019




                        JUDGMENT

This appeal has been filed against judgment and

decree dated 13.11.2018 passed by the Family Court by

which petition filed by the respondent / husband under

Section 13(1)(ib) of the Hindu Marriage Act, 1955, has

been allowed.

2. Learned counsel for the parties, while inviting

the attention of this Court to the petition filed under

Order XXIII Rule 3 of the Code of Civil Procedure, 1908,

submits that the dispute between the parties has been

amicably resolved.

3. The terms and conditions of the compromise

read as under:

"1. The parties to the suit are agreed as hereunder:-

(1) At the intervention of the Advocates of the Parties, the parties have amicably resolved their pending disputes as hereunder:-

NC: 2023:KHC:22335-DB MFA No.2932 of 2019

(i) The parties own a semi detached house No.4, Betjeman Walk, Yateley GU46 6YP, United Kingdom. It is agreed that the parties will jointly sell the same for mutually agreed price and parties will be entitled to apportion the sale price received by them equally.

(ii) It is further agreed that the Appellant shall vacate the plaint schedule premises in MFA 7101/2022 pending on the file of the Hon'ble High court of Karnataka within two months after receiving her share of the sale proceeds in her account.

(iii) It is agreed that the Appellant will withdraw the MFA No.2932/2019 pending on the file of the High Court of Karnataka, so as to confirm the order and decree dated 13.11.2018 passed in M.C.No.440/2016 on the file of Family Court, Mangaluru, D.K. dissolving the marriage of the Appellant with the Respondent by decree for divorce.

(2) The Appellant has agreed to withdraw the following proceedings filed against the Respondent, namely:

(i) Writ Petition No.18154/2021 pending on the file of High Court of Karnataka, Bengaluru.

NC: 2023:KHC:22335-DB MFA No.2932 of 2019

(ii) Crl.M.C.No.27/2021, pending on the file of VI JMFC Court, Mangaluru.

(3) The Respondent agrees to withdraw the following cases filed by him against the Appellant, namely:-

(i) R.A.No.74/2021 pending on the file of II Additional Senior Civil Judge, Mangaluru.

(ii) R.A.No.75/2021 pending on the file of II Additional Senior Civil Judge, Mangaluru.

(iii) MFA 7101/2022 pending on the file of the Hon'ble High Court of Karnataka.

(4) All the aforesaid cases shall be withdrawn by either of the parties within on month from the date of order passed on this Compromise Petition. If in addition to the above cases, any other cases are pending against each other, the same shall be withdrawn, by the concerned party, within one month from the date of order passed on this compromise petition.

(5) The parties agree that they have no claims, monetary or otherwise except as stated supra against each other.

(6) A compromise decree may kindly be passed embodying the terms and conditions of this compromise petition.

(7) Either of the parties shall be entitled to enforce the terms of the decree in case of default

NC: 2023:KHC:22335-DB MFA No.2932 of 2019

by the other party by levying execution or through any other legal proceedings."

4. In view of the compromise arrived at between

the parties, judgment and decree dated 13.11.2018

passed in M.C. No.440/2016 is confirmed.

Accordingly, the appeal is disposed of in terms of

compromise arrived at between the parties.

Sd/-

JUDGE

Sd/-

JUDGE

RV