Karnataka High Court
Kamala W/O Hanmanth Kunchikorvar vs Hanmanth S/O Basavaraj Kunchikorvar on 5 February, 2024
Author: S G Pandit
Bench: S G Pandit
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MFA No.23370 of 2013
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE K V ARAVIND
MISCELLANEOUS FIRST APPEAL NO.23370 OF 2013 (MC)
BETWEEN:
SMT. KAMALA W/O HANMANTH KUNCHIKORVAR,
AGE:26 YEARS, OCC: HOUSE HOLD,
R/O: C/O: MARUTHI KUNCHIKORVAR
(JADUVALA) AMBEDKAR ONI,
SHIVAJI NAGAR GALLI,
NOW AT R/O: DEVARA ROAD,
TQ AND DIST: POONA,
STATE: MAHARASHTRA.
...APPELLANT
(BY SRI. ANAND R KOLLI, ADVOCATE)
Digitally signed
by K M
AND:
SOMASHEKAR
KM
SOMASHEKAR Date:
2024.02.09
10:31:12
+0530
SRI. HANMANTH
S/O BASAVARAJ KUNCHIKORVAR,
AGE: 30 YEARS, OCC: COOLIE,
R/O: ILAKAL, TQ: HUNGUND,
DIST: BAGALKOT.
...RESPONDENT
(BY SRI. GANESH RAIBAGI, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 28 OF THE HINDU
MARRIAGE ACT 1955, AGAINST THE JUDGMENT AND DECREE DATED
27.03.2010, PASSED IN MATRIMONIAL CASE NO.22/2009 ON THE
FILE OF THE SENIOR CIVIL JUDGE, BADAMI SITTING AT ITINERARY
COURT HUNGUND, ALLOWING THE PETITION FILED U/SEC. 13(1) OF
THE HINDU MARRIAGE ACT.
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MFA No.23370 of 2013
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
S G PANDIT, J., DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri. Anand R.Kolli, learned counsel for the
appellant, and Sri. Ganesh Raibagi, learned counsel for the
respondent.
2. This appeal is filed challenging the judgment
and decree dated 27.03.2010 passed in M.C. No.22/2009
by the Senior Civil Judge, sitting at Itinerary Court
Hungund, whereby the petition filed by the respondent-
husband is allowed dissolving the marriage of the
petitioner and the respondent.
3. On 08.09.2021, this Court recorded the
following:
"Pursuant to the order dated 24.8.2021 passed by
this Court directing the appellant/wife to furnish
memorandum of additional facts and also
respondent/husband to file proposal for settlement,
parties and their respective counsels are present before
this Court.
It is submitted on behalf of the appellant/wife that
decree for partition has been passed in OS No.45/2010 on
the file of the learned I Addl. Senior Civil Judge & CJM,
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Vijayapur, in terms of which, the appellant/wife and
minor children have been allotted 1/24th share in the
properties referred to therein. She also furnishes a copy
of the order passed on Applications under Sections 12,
18, 19, 20, 22 and 23 of the Protection of Women From
Domestic Violence Act in Crl.Misc. Appln. No.93/2011 on
the file of learned JMFC, Vadgaon, at Vadgaon on Maval,
Pune, in terms of which the respondent/husband has
been directed to pay a sum of Rs.7,000/- per month to
the appellant/wife, Rs.2,500/- per month each to minor
children. That apart, respondent/husband has also been
directed to pay a sum of Rs.5 lakhs as compensation
under Section 22 of the said Act. Respondent/husband
has also been directed to provide accommodation or in
the alternative to pay Rent of Rs.10,000/- per month to
the appellant-wife. It is submitted that the said matter is
pending adjudication.
Learned counsel for the respondent/husband
submitted that pursuant to the order passed in Crl.Misc.
Application No.93/2011, he has, on three occasions, paid
a sum of Rs.1,00,000/-, Rs. 75,000/- and Rs.25,000/-
respectively. Thus, there is no dispute with regard to the
aforesaid aspect of the matter. Pursuant to the proposal
for settlement, respondent/husband who is personally
present along with his father Basavaraj duly represented
by his counsel agrees and undertakes to pay a sum of
Rs.25 lakhs to the appellant-wife as full and final
settlement towards permanent alimony in three
installments within a period of three months. He further
submits that within a period of fifteen days from today,
he will pay a sum of Rs.5 lakhs and balance amount of
Rs.20 lakhs would be paid in two installments in the
remaining period of three months. The appellant/wife
represented by her counsel has no objection to receive
the said amount of Rs.25 lakhs as full and final settlement
towards permanent alimony. On instructions, she also
undertakes that on receipt of the aforesaid amount of
Rs.25 lakhs, she would withdraw all proceedings initiated
by her against the respondent/husband and also any
other pending case before the Court at Pune.
It is made clear that the aforesaid understanding
arrived at between the parties is subject to filing of
memorandum of compromise petition before this Court on
the next date of hearing duly signed by the parties and
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their respective counsels. It is also made clear that above
proposal of settlement is in addition to the decree for
partition passed in OS No.45/2010 and the appellant/wife
and the minor children would be entitled to execute the
said decree of partition which is not the subject matter of
this settlement.
The appellant/wife is hereby directed to furnish
details of her bank account enabling the
respondent/husband to remit the aforesaid amount of
Rs.5 lakhs as agreed herein above.
The parties shall be present before this Court on
27.9.2021, on which day, the respondent/husband shall
pay a sum of Rs.5 lakhs as agreed and undertaken herein
above by him to show his bonafide.
Re-list on 27.9.2021."
As recorded above, both the appellant and the respondent
agreed to settle the issue and respondent agreed to pay
Rs.25,00,000/- as permanent alimony to the wife.
Accordingly, till today, the respondent-husband has paid in
total a sum of Rs.17,00,000/- to the appellant-wife.
Today, the respondent-husband hands over a Demand
Draft, dated 19.01.2024, drawn on State Bank of India, for
a sum of Rs.8,00,000/- to the appellant-wife towards
balance amount of permanent alimony which the
appellant-wife receives and acknowledges.
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4. Today, both - the appellant Smt. Kamala and
the respondent Sri. Hanmanth - are present before the
Court and they are identified by their respective counsels.
They file a compromise petition under Order XXIII Rule 3
of the Code of Civil Procedure, 1908, signed by them and
their respective counsels. The terms and conditions of the
compromise petition read as follows:
"1. The present appellant had filed a suit for the
relief of partition and separate possession through
minors bearing OS No. 45/2010 on the file of Hon'ble
1st Additional Senior Civil Judge and CJM Vijaypur
and the said suit was attained finality and the suit
was decreed in part. And also the Execution Petition
is pending in EP No. 56/2009 on the file of 1st
Addition Civil Judge Sr. Dn Vijaypur and it is made
clear that the rights of the plaintiff No. 2 and 3 in OS
No. 45/2010 will not come into the way of for
entitlement to execute their decree for the relief of
partition and separate possession. And the present
settlement is only in respect of the permanent
alimony of the appellant only not the rights of the
minor children and their rights of property is
subjected to the suit bearing OS No. 45/2010. And
the same has been agreed by the appellant and
respondents herein.
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2.On the discussion between the elders of the family
the respondents had agreed and undertake before
this Hon'ble court to pay a sum of Rs. 25,00,000/-
(Rupees Twenty Five lakhs only) to the appellant
(wife) as a permanent alimony and out of 25 lakhs
the respondents herein had already paid a sum of
Rs. 17,00,000/-(Rupees Seventeen Lakhs only) in
favour of the appellant and the remaining balance of
Rs. 8,00,000/- (Rupees Eight lakhs only) has been
paid today by way of demand draft. And in respect of
fixing the permanent alimony has been agreed by
the appellant and respondents herein and the
appellant had given up right of maintenance in future
as against the respondents herein. And the same has
been agreed by both the parties.
3. That appellant No. 1 had also filed a Criminal
Miscellaneous application 93/2011 on the file of the
Learned JMFC Vadagaon on Maval Pune Maharashtra
and for the relief of maintenance. And the Hon'ble
court had granted Rs. 22,000/- per month to the
appellant Rs.2,500 to the minor children. And in view
of the present settlement in the present appeal the
appellant had agreed to withdraw the said petition
filed before Pune Court unconditionally. And
accordingly, the appellant had filed a Memo before
this Hon'ble court on 11.12.2023 bringing to the
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notice of this Hon'ble court that she has withdrawn
all the three matters (Criminal MA No. 61/20212,
Crl. App 643/2015 and Mrsl.MA 684/2022) and no
other proceedings is left before any of the court in
Maharashtra State. And the copy of the order sheets
is also produced along with a memo. Hence the same
has been agreed by the respondents herein.
4. It is made clear in pursuance of the order passed
by this Hon'ble court dated 08.09.2021 the rights of
the parties in OS No. 45/2010 is in addition to the
decree and the appellant wife and the minor children
would be entitled and the liberty to execute the
decree for the relief of partition and separate
possession and the present compromise petition will
not come to the way of deciding the rights of the
parties in OS No. 45/2010 and the minor children
would be entitled to execute the decree and the
appellant and the minor children would be entitled
decree for possession before the competent court.
And the same has been agreed by the respondents
herein.
5. Further the appellant hereby agreed to give the
divorce as against the respondent and dissolve the
decree of divorce in view of the compromise petition
in the interest of justice.
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Wherefore the appellant and the respondent
have jointly filed this Compromise petition and all
the parties in the top noted petition have willfully
agreed and understood the contents of the
compromise petition And further the contents of the
compromise petition is explained in Kannada
language and also in Marathi Language and also
brought to the notice of the elders of the family. And
accordingly both the parties have understood and
willfully agreed and same has been explained by the
respective counsels to the respective parties and the
same has been agreed by the both the parties. And
signed for the compromise petition"
5. The compromise petition would state that the
wife has agreed for dissolution of marriage on receiving a
sum of Rs.25,00,000/- in full and final settlement of
permanent alimony subject to the rights of the parties
pursuant to the judgment and decree passed in O.S.
No.45/2010 by the Senior Civil Judge, Bijapur.
6. On going through the terms and conditions of
the compromise, we are satisfied that the same is in
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accordance with law and could be accepted in the interest
of the parties.
7. In terms of the compromise petition filed today,
the appeal is disposed of; the judgment and decree, dated
27.03.2010 passed in M.C. No.22/2009 by the Senior Civil
Judge, Badami, sitting at Itinerary Court, Hungund, is
hereby confirmed; and the marriage solemnized between
the appellant and the respondent stands dissolved.
Sd/-
JUDGE
Sd/-
JUDGE
KMS
