Karnataka High Court
Smt. Sujata W/O Anand Tugashetti vs Anand S/O Sadashiv Tugashetti on 20 February, 2024
Author: S G Pandit
Bench: S G Pandit
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NC: 2024:KHC-D:4143-DB
MFA No.100413 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH 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.100413 OF 2021(MC)
BETWEEN:
SMT. SUJATA W/O ANAND TUGASHETTI
AGE 34 YEARS, OCC HOUSEHOLD WORK,
R/O TIGADI, TQ GOKAK,
DIST BELAGAVI-591227.
...APPELLANT
(BY SRI. GIRISH A YADWAD, ADVOCATE)
AND:
ANAND S/O SADASHIV TUGASHETTI
AGE 37 YEARS, OCC GROCERY BUSINESS,
R/O BARAGUI, TQ MUDHOL,
Digitally
signed by
JAGADISH
JAGADISH T R
DIST BAGALKOT-587313.
TR
...RESPONDENT
Date:
2024.02.23
10:34:19
+0530
(BY SRI. SANGRAM S. KULKARNI, ADVOCATE)
THIS MFA IS FILED U/S.28 OF THE HINDU MARRIAGE ACT,
1955, AGAINST THE JUDGMENT AND DECREE DATED 15.02.2021,
PASSED IN MATRIMONIAL CASE NO.35/2018 ON THE FILE OF THE
PRINCIPAL SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE
FIRST CLASS, MUDHOL, DISMISSING THE PETITION FILED
U/SEC.9 OF THE HINDU MARRIAGE ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
S G PANDIT, J., DELIVERED THE FOLLOWING:
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NC: 2024:KHC-D:4143-DB
MFA No.100413 of 2021
JUDGMENT
The appellant-wife and the respondent-husband are
before this Court under Section 28 of the Hindu Marriage Act,
1955 (for short, 'the 1955 Act), questioning the correctness
and legality of the judgment and decree dated 15.02.2021, in
M.C. No.35/2018 passed by the Principal Senior Civil Judge &
JMFC, Mudhol, whereby the petition filed by the respondent-
husband, under Section 13 of the 1955 Act is allowed and
decree of divorce is granted, and the petition filed under
Section 9 of the 1955 Act is rejected.
2. The appellant-wife and the respondent-husband
are present before the Court and they are identified by their
learned counsels, Sri. Girish A.Yadwad and Sri. Sangram
S.Kulkarni respectively.
3. Today, the parties, along with their learned
counsels, file a compromise petition under Order XXIII Rule 3
of the Code of Civil Procedure, 1908 settling their dispute.
The appellant-wife has agreed to join the respondent-
husband and the respondent-husband has agreed to take the
NC: 2024:KHC-D:4143-DB
appellant and further they have agreed to lead a happy
married life. The terms and conditions of the compromise
petition reads as under:
"A. The respondent/husband and the appellant/wife have
agreed for setting aside of the impugned judgment and
order. Further, the respondent has agreed to take back the
appellant and the appellant has agreed to join the
respondent for leading a happy married life.
B. The appellant has agreed to withdraw all pending
litigations initiated against the respondent, i.e., OS No.
213/2016 filed by appellant and the children of appellant and
respondent pending on the file of the Civil Judge and JMFC,
Kushtagi, CC No. 95/2018 pending on the file of the Prl. Civil
Judge and JMFC, Mudhol and Crl. Misc. No. 200/2017
pending on the file of Civil Judge and JMFC, Mudalagi.
C. The respondent hereby agrees and undertakes not to
alienate and/or create any third party rights in any manner
in respect of the land measuring 01 Acre in RS No. 74/2 of
Topalkatti village of Kushtagi Taluka.
D. The appellant and respondent have mutually agreed to
lead a happy married life by burying all the differences and
to take care of the children.
The compromise petition is signed by both the appellant and
the respondent and their respective counsels. In terms of the
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compromise petition, the parties have also prayed to set
aside the judgment and decree dated 15.02.2021 passed in
M.C.No.35/2018 by the Principal Senior Civil Judge & JMFC,
Mudhol. The compromise petition is taken on record.
4. On going through the terms of the compromise,
we are satisfied that terms are in accordance with law and
are in the interest of the parties.
In terms of the compromise petition, the appeal stands
disposed of, and the impugned judgment and decree dated
15.02.2021 passed in M.C.No.35/2018 by the Principal Senior
Civil Judge & JMFC, Mudhol, is set aside.
Sd/-
JUDGE
Sd/-
JUDGE
KMS
