Karnataka High Court
Smt. Arundhati Shashikant Totaganti vs Shashikant Basavaraj Totaganti on 23 February, 2024
Author: S G Pandit
Bench: S G Pandit
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NC: 2024:KHC-D:4451-DB
MFA No.103102 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD 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.103102 OF 2015 (FC-)
BETWEEN:
SMT. ARUNDHATI SHASHIKANT TOTAGANTI,
D/O. SRI. HOLEBASAPPA DEVARADDI MUDARADDI,
AGE:28 YEARS, OCC: HOUSEHOLD,
NOW R/O: HOUSE NO. 116,1ST MAIN,
4TH CROSS, NARAYANPUR,
DHARWAD, DIST: DHARWAD.
...APPELLANT
(BY SRI. PRASHANT V MOGALI, ADVOCATE)
AND:
SRI. SHASHIKANT BASAVARAJ TOTAGANTI,
KM
Digitally
signed by K M
SOMASHEKAR
AGE:34 YEARS, OCC: BUSINESS,
SOMASHEKAR Date:
2024.02.24
10:22:39
+0530
R/O: BEHIND MARUTI TEMPLE,
HOUSING COLONY, MUDHOL,
DIST: BAGALKOT.
...RESPONDENT
(BY SRI. J S SHETTY AND M A YAMANUR, ADVOCATE FOR
C/RESPONDENT)
THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURTS ACT,
AGAINST THE JUDGMENT AND DECREE DATED:25.08.2015,
PASSED IN MATRIMONIAL CASE NO.34/2013 ON THE FILE OF THE
PRINCIPAL JUDGE FAMILY COURT, DHARWAD, ALLOWING THE
PETITION FILED U/SEC. 13(1)(1A) OF HINDU MARRIAGE ACT
1955.
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NC: 2024:KHC-D:4451-DB
MFA No.103102 of 2015
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
S G PANDIT, J., DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri. Prashant V.Mogali, learned counsel for the
appellant, and Sri. M.A.Yamanur and Sri. J.S.Shetty,
learned counsels for the respondent.
2. Appellant-Smt. Arundhati Shashikant Totaganti,
and the respondent-Sri. Shashikant Basavaraj Totaganti,
are present before the Court and they are identified by
their respective counsels.
3. This appeal is filed by the appellant-wife
questioning the correctness and legality of the judgment
and decree dated 25.08.2015 in M.C. No.34/2013 passed
by the Principal Judge, Family Court, Dharwad, by which
the petition of the respondent-husband filed under Section
13(1)(ia) of the Hindu Marriage Act, 1955 (for short, 'the
1955 Act') is allowed and the marriage of the appellant
and the respondent solemnized on 12.11.2009 is dissolved
by a decree of divorce.
NC: 2024:KHC-D:4451-DB
4. The appellant-wife is working as a Government
High School Teacher, whereas the respondent-husband is
a Class-I Contractor
5. From the marriage, the appellant and the
respondent have a child by name Kumar. Arush, aged
about 13 years as on this day, who is studying VII
Standard at Rashtrotthana Vidya Kendra, Dharwad.
6. The appellant-wife and the respondent-husband
in the interest of the child have come forward to settle the
dispute between them and to close the long standing
litigation. They have filed a petition under Order XXIII Rule
3 of the Code of Civil Procedure, 1908. The terms and
conditions of the compromise petition read as under:
"The parties have agreed to dissolve their
marriage as per the terms mentioned below;
1. The Respondent -Husband is agreed to pay Rs
03,00,000/- (Rs Three Lakh) as permanent alimony
through Cheque bearing No.034408 dated 23/02/2024
of IDBI Bank, Mudhol.
NC: 2024:KHC-D:4451-DB
2. The Respondent -Husband is agreed bear the
educational and other expenses of child Arush S/o
Shashikant Totaganti till he attains the age of majority.
3. The Respondent -Husband agreed / undertakes to
return the articles which are given at the time of
marriage (i.e. Household articles, Utensils).
4. The Appellant - wife also undertakes deposit of Rs
02,00,000/- (Rs Two Lakh) annum in the name Child
Arush s/o Shashikant Totaganti till he attains majority.
5. The Respondent- Husband has further agreed to
withdraw C.C.1053/2018 pending on the file of Prl Civil
Judge & JMFC Court, Mudhol filed against the relatives
of the Appellant within four weeks from this day.
6. The Appellant -wife undertakes to withdraw the
present appeal subject to the realization of the cheque
issued by the Respondent - Husband.
7. The compromise agreed into between the Appellant
and Respondent is voluntary and there is no force and
coercion from anybody."
7. In terms of the compromise, the respondent-
husband has paid a sum of Rs.3,00,000/- by way of
cheque bearing No.034408, dated 23.02.2024, drawn in
NC: 2024:KHC-D:4451-DB
IDBI Bank, Mudhol, in addition to Rs.7,00,000/- granted
by the Family Court towards permanent alimony to the
appellant-wife. Further respondent-husband has agreed to
take car of the entire educational expenses of the son
Kumar Arush and also any medical expenses. Respondent-
wife has agreed to take care of the son and also the day-
to-day expenses. Further, the appellant-wife has
undertaken to deposit a sum of Rs.2,00,000/- in a Fixed
Deposit every year in the name of the son till he attains
the age of twenty years. After attaining the age of
majority, the son Kumar Arush can utilize the amount in
Fixed Deposit for his post-graduation or any other higher
education. The respondent-husband has also agreed to
withdraw C.C. No.1053/2018 pending on the file of the
Principal Civil Judge & JMFC, Mudhol, forthwith. Both the
appellant and the respondent have agreed to withdraw all
allegations made by them against each other.
NC: 2024:KHC-D:4451-DB
8. The appellant-wife has undertaken to withdraw
the present appeal subject to realization of the cheque
issued by the respondent-husband.
9. The above compromise petition is taken on
record.
In terms of the compromise petition, the above
appeal stands disposed of, and the judgment and decree
25.08.2015 passed in M.C. No.34/2013 passed by the
Principal Judge, Family Court, Dharwad, stands confirmed.
Sd/-
JUDGE
Sd/-
JUDGE
KMS
