Smt Vijayalaxmi W/O Eranna Ettinamath vs Sri Eranna S/O Rudrayya Ettinamath
2023 Latest Caselaw 7938 Kant

Citation : 2023 Latest Caselaw 7938 Kant
Judgement Date : 21 November, 2023

Karnataka High Court

Smt Vijayalaxmi W/O Eranna Ettinamath vs Sri Eranna S/O Rudrayya Ettinamath on 21 November, 2023

Author: S.Sunil Dutt Yadav

Bench: S.Sunil Dutt Yadav

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                                                                 MFA No. 100565 of 2023




                             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                DATED THIS THE 21ST DAY OF NOVEMBER, 2023

                                                    PRESENT

                                THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
                                                   AND
                                THE HON'BLE MR JUSTICE VIJAYKUMAR A.PATIL

                            MISCELLANEOUS FIRST APPEAL NO. 100565 OF 2023 (FC)

                       BETWEEN:

                       SMT. VIJAYALAXMI W/O IRANNA YATTINAMATH,
                       AGE. 26 YEARS, OCC. HOUSEHOLD WORK,
                       R/O. TEJASWI NAGAR, DHARWAD,
                       C/O. RUDRAYYA SWAMI DARKHASU MUDUPIRE,
                       SULKERI, TQ. BELTHANGADI,
                       DIST. DAKSHIN KANNADA-574201.
                                                                               ... APPELLANT
                       (BY SMT. ANUSHA SANGAMI, ADVOCATE)

                       AND:

                       SRI. IRANNA S/O RUDRAYYA YATTINAMATH,
                       AGE. 30 YEARS, OCC. PRIVATE WORK,
                       R/O. LAST STOP, LAST CROSS,
                       TEJASWI NAGAR ,DHARWAD,
SHIVAKUMAR
HIREMATH
                       DIST. DHARWAD-580008.
 Digitally signed by
                                                                             ... RESPONDENT
 SHIVAKUMAR
 HIREMATH
 Date: 2023.11.29
                       (BY SRI. R.H. ANGADI, ADVOCATE)
 12:53:13 +0530



                               THIS MFA FILED U/S.19(1) OF THE FAMILY COURT ACT 1984,
                       AGAINST THE JUDGEMENT AND DECREE DATED 10.11.2022, PASSED
                       IN    MATRIMONIAL    CASE   NO.331/2021    ON   THE   FILE   OF   THE
                       PRINCIPAL JUDGE FAMILY COURT DHARWAD, DISMISSING THE
                       PETITION FILED U/SEC.13(1) OF THE HINDU MARRIAGE ACT, 1955.


                               THIS   APPEAL,   COMING    ON   FOR   ORDERS,    THIS     DAY,
                       VIJAYKUMAR A.PATIL, J., DELIVERED THE FOLLOWING:
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                                NC: 2023:KHC-D:13614-DB
                                        MFA No. 100565 of 2023




                           JUDGMENT

This appeal is filed under Section 19(1) of the Family

Court Act, 1894 seeking to set aside the judgment and decree

dated 10.11.2022 passed in M.C.No.331/2021 by the Prl.

Judge, Family Court, Dharwad, whereby the petition filed by

the appellant under Section 13(1) of the Hindu Marriage Act,

1955 was dismissed.

2. This Court vide order dated 05.10.2023, referred

the matter to the Mediation Center.

3. Today, learned counsel for the appellant as well as

learned counsel for respondent jointly submit that the parties

have resolved their dispute in the Mediation Center at Dharwad

at Dharwad. The terms of the compromise have been prepared

and they have affixed their signatures to the memorandum of

agreement prepared in the mediation center.

4. Memorandum of agreement entered into between

the parties reads as under:

1. "The Respondent/Husband has no objection to grant decree of divorce in favour of Appellant/Wife to dissolve the marriage between the appellant and respondent held on 13.05.2013.

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2. The appellant/Wife has agreed that she will not claim any maintenance or any property rights against the respondent or against his family members and further the appellant has agreed that she will not file any case or proceedings including Criminal case against the respondent or against his family members seeking any maintenance or property rights in future.

3. The appellant and respondent have no claim against each other in future.

4. There is no issue born to the appellant and respondent out of their wedlock.

5. The respondent will not press the Decree of Restitution of conjugal rights against the respondent filed in MC NO.5/2022 dated 10.11.2022 passed by the learned Prl. Judge, Family Court, Dharwad.

6. The Judgment and Decree dated 10.11.2022 in MC No.331/2021 passed by the Ld. Prl. Judge, Family Court Dharwad, may kindly be set aside and grant decree of divorce dissolving the marriage dated 13.05.2013 solemnised between appellant and respondent at Dharwad by the allowing the appeal in terms of this agreement.

7. Parties will appear on 21/11/2023 before the Hon'ble Court for passing Orders in terms of the above said settlement."

5. We have gone through the terms and conditions of

memorandum of agreement and the same are not opposed to

law.

6. The appellant as well as respondent jointly submit

that they have entered into compromise on their own volition

without any pressure or coercion.

7. The memorandum of agreement is taken on record.

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8. Appeal is disposed of in terms of compromise

entered into as referred supra.

9. The judgment and decree dated 10.11.2022 passed