Karnataka High Court

Dr. Udayakumar vs Smt. Vanita on 25 April, 2024

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

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                                                     MFA No. 201932 of 2022




                            IN THE HIGH COURT OF KARNATAKA,

                                    KALABURAGI BENCH

                          DATED THIS THE 25TH DAY OF APRIL, 2024

                                         PRESENT

                     THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                            AND
                           THE HON'BLE MR. JUSTICE K V ARAVIND

                       MISCL. FIRST APPEAL NO. 201932 OF 2022 (MC)

                   BETWEEN:

                      DR. UDAYAKUMAR
                      S/O BASWARAJ PARTAPURE,
                      AGE: 48 YEARS,
                      OCC: GOVERNMENT SERVANT,
                      R/O NO.18-3-71, HAQ COLONY
                      NEAR HANUMAN TEMPLE, CHIDRI ROAD,
                      BIDAR-585401.

                                                                ...APPELLANT
                   (BY SRI. SACHIN M. MAHAJAN, ADVOCATE)
Digitally signed
by VARSHA N        AND:
RASALKAR
Location: HIGH
COURT OF              SMT. VANITA
KARNATAKA
                      W/O DR. UDAYAKUMAR PARTAPURE
                      (D/O MALLIKARJUN NAUBADE)
                      AGE: 33 YEARS, OCC: HOUSEHOLD,
                      R/O: C/O SURYAKANTH MUDDA TORAN COLONY,
                      INFRONT OF NISARGA COLONY,
                      CHITTA ROAD, GUMPA
                      BIDAR-585401.

                                                             ...RESPONDENT
                   (BY SRI. GANESH NAIK, ADVOCATE)
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                                    MFA No. 201932 of 2022




      THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
COURT ACT, PRAYING TO CALL FOR THE RECORDS, SET ASIDE
THE JUDGMENT AND DECREE DATED 19.04.2022 PASSED BY
THE LEARNED PRINCIPAL FAMILY COURT AT BIDAR, IN MC
NO.94/2020   AND   ALLOW   THE    PETITION   FILED   BY   THE
APPELLANT HEREIN BY GRANTING THE DECREE OF DIVORCE
BY ALLOWING THE APPEAL, IN THE INTEREST OF JUSTICE AND
EQUITY.


      THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY    H.T.NARENDRA      PRASAD      J.,   DELIVERED      THE
FOLLOWING:
                       JUDGMENT

This appeal is filed by the appellant-husband under

Section 19(1) of the Family Courts Act, challenging the

order dated 19.04.2022 passed by the Family Court, Bidar,

in M.C.No.94/2020, whereby the petition filed by the

husband for divorce has been dismissed.

2. After service of notice in the above appeal, the

respondent-wife appeared through her counsel.

3. The parties have filed a joint memo. The same

is taken on record. The conditions mentioned in the

compromise petition has been extracted below.

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" 1. It is submitted that the above appeal is filed by the appellant challenging the judgment and decree dated 19.04.2022 passed by the Principal Family Court at Bidar, in MC No.94/2020, wherein the learned Trial Judge was pleased to dismiss the divorce petition filed by the appellant herein under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955.

2. It is submitted that the marriage of the appellant and the respondent was solemnized on 28.01.2004 as per the customs of the community. A son by name Master Eeshan who is now aged about 17 years and a daughter by name Kumari Urvi who is now aged about 16 years were born to the appellant and respondent. However, the parties could not continue the marital relationship happily due to temperamental differences, differences of opinion and incompatibility between the parties. Disputes and differences arose between the parties, as such, they could not continue their relationship happily.

3. Due to irretrievable breakdown of the marriage, the appellant herein filed petition for divorce before the Family Court at Bidar in

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MC No.94/2020. The Family Court at Bidar vide judgment and decree dated 19.04.2022 was pleased to dismiss MC No.94/2020. Challenging the same, the appellant has filed the present appeal.

4. It is submitted that apart from the present appeal, there are 4 other cases between the appellant and the respondent, which are as under:

(i) Criminal Appeal No.38/2024 pending on the file of the Additional District Judge at Bidar, which is filed by the respondent for enhancement of maintenance granted to her under Section 12 of the Domestic Violence Act. The said appeal is pending.

(ii) PC No.2236/2019 pending before the I-

Additional JMFC at Bidar for the alleged offence punishable U/Sec. 498-A of Indian Penal Code. In this case, the appellant is the accused and the respondent is the complainant.

(iii) PC No.8173/2023 pending on the file of the I-Additional JMFC at Bidar for the

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offence punishable U/Sec. 323, 324, 504, 506 of IPC. The appellant is the complainant in the said case and the respondent is the accused.

(iv) CC No.151/2022 pending on the file of the Principal JMFC at Bidar for the offence punishable under Section 379, 420, 406 of IPC. This complaint is filed by the appellant against the respondent and one Jagadish. However, the learned Magistrate has taken cognizance only against the said Jagadish.

5. It is submitted that in order to protect the interest of the son and daughter of the appellant and the respondent, the elders, relatives and well wishers of both the parties have together taken the initiative to settle the matter outside the court and accordingly the parties have decided to settle the disputes and put to end to all the pending cases including then present appeal on the following terms.

6. The appellant has agreed to pay permanent alimony of Rs.5,00,000/- to the respondent. This payment of Rs.5,00,000/- shall include all the

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pending payments, arrears of maintenance, both present and future. The amount of Rs.5,00,000/- is towards full and final alimony and there shall not be any claim of maintenance or alimony in future. The respondent shall not have any claim or right whatsoever over the property, belongings, etc. of the appellant. All the claims including that of personal belongings and the jewelry of the respondent are settled and there shall be no other claims whatsoever.

7. As stated above, the appellant and respondent have a son and daughter namely Master Eeshan and Kumari Urvi who are aged about 17 years and 15 years respectively. Master Eeshan is studying Bachelor of Engineering in Bengaluru and the daughter Kumari Urvi has completed SSLC from Vidyashree School, Bidar and the appellant husband has got her admitted for Coaching at a reputed Institute at Hyderabad. Both the minor children will be in the care and custody of the Respondent-Wife. The Appellant- Husband agrees and accepts the same.

8. The appellant shall take care of the educational and other expenses of Master Eeshan and Kumari Urvi. In addition to the said commitment

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of bearing educational expenses, the appellant has deposited a sum of Rs.5,00,000/- in the name of Kumari Urvi towards the tentative expenses of her marriage In SB A/C No.42755951466 of SBI, Bidar Main Branch. The said amount shall be withdrawn for marriage expenses at the time of marriage by the signature of the appellant and Kumari Urvi.

9. The Appellant-husband shall have right of visitation, however, the same shall be outside the house of the Respondent-wife. The appellant and the respondent shall ensure that there is congenial atmosphere to enjoy the visitation right and the same shall be at such reasonable times like holidays and weekends excluding the regular school and college days to ensure that the educational prospectus of the son and daughter are not disturbed. In future, if the children stay in hostel outside Bidar, the Appellant-husband will continue to have visitation rights in such place.

10. The appellant and the respondent have agreed that the marriage solemnized on 28.01.2004 shall be dissolved by way of Decree of Dissolution of Marriage. Both the appellant and

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the respondent have agreed to part their ways and accordingly they have agreed for the Decree of Divorce by withdrawing all the allegations made against each other in the matrimonial case as well as all other cases including the maintenance case and the criminal cases. By virtue of the agreement entered into between the parties by way of this joint memo, all allegations made against each other stand withdrawn.

11. The appellant and the respondent have agreed to withdraw the pending criminal cases, appeals etc., filed against each other including CC No.151/2022 filed against one Jagadish by filing petition U/Sec. 482 CrPC before this Hon'ble Court and by giving their consent before the Lok Adalat. Both the parties have agreed that they shall file the necessary applications in this direction and if the need be so, both the parties shall enter the witness box and tender evidence in this regard. All the pending cases filed against each other shall be withdrawn, compromised or closed by all such legal means within a period of one month from the date of recording of this joint memo. The appellant has

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filed Criminal Petition No.200375/2024 for quashing CC No.2236/2019 and the respondent has filed Criminal Petition No. /2024 for quashing CC No.8173/2023. The appellant and the respondent have agreed that the 3 cases namely the present appeal and the two criminal petitions shall be disposed of on the same day. Insofar as CC No.151/2022 is concerned, the same shall be closed in the Lok Adalat before the trial court and the appellant shall cooperate for the same. The respondent shall withdraw Criminal Appeal No.38/2021 which is pending on the file of the Additional District Judge at Bidar by filing necessary memo or application.

12. The appellant and the respondent have agreed that there shall not be any interference whatsoever by either of parties in each other's personal life. The appellant and the respondent shall not send messages to each other and shall not make phone call unless the same is necessary in the interest of the minor children.

13. The appellant has paid the sum of Rs.5,00,000/- towards permanent alimony to the respondent by way of Bankers Cheque/Demand Draft dated 27.02.2024, bearing No.825347, draw on SBI,

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Bidar and the respondent has accepted the same in the open court.

14. The appellant and the respondent do hereby agree and admit that there shall not be any other claim whatsoever and all the claims between the parties are settled forever by virtue of this joint memo.

15. The above settlement and its terms and conditions have been entered and executed between the parties with their free will and consent and the consent of their respective family members without any force, fraud, undue pressure, influence, misrepresentation or mistake (both law and fact) in any form and the statement, agreement has been correctly recorded as agreed by the appellant and the respondent without any inducement or coercion from any corner whatsoever.

16. The appellant and the respondent have read and understood the contents of the joint memo and the same are again read over and explained to them in Kannada language which is known to them. The appellant and the respondent have understood all the contents and conditions of the

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joint memo and they have affixed their signature on the same.

Hence, the present appeal may kindly be disposed of in terms of this joint memo, by dissolving the marriage dated 28.01.2004, solemnized between the appellant and the respondent, in the interest of justice and equity."

4. The parties are present before the Court. They

have submitted before the Court that they have agreed for

the settlement as per the terms of the compromise

petition.

5. The parties have been identified by their

respective counsels.

6. The compromise petition is signed by both the

parties and their counsels. This Court also satisfied with

the terms of compromise petition and this Court verified

that the compromise entered by the parties is voluntary

and free from coercion, undue influence, etc. Accordingly,

the following: