Karnataka High Court
Smt Smt Bhavani Joshi vs Malathesh S Kulkarni on 23 February, 2024
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
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MFA No. 2863 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE DR. JUSTICE H.B.PRABHAKARA SASTRY
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
MISCELLANEOUS FIRST APPEAL NO. 2863 OF 2022 (FC)
Between:
Smt. Smt. Bhavani Joshi
Wife of Malathesh S.Kulkarni,
D/o. Ashwathanarayana Joshi,
Aged About 26 Years,
R/o Utsavamba Nilaya,
2nd Cross, Nittuvalli,
Davanagere.577002.
...Appellant
(By Sri. M.R. Hiremathad, Advocate)
And:
Digitally signed
by BANGALORE
MADHAVACHAR
VEENA
Location: High
Malathesh S Kulkarni
Court of
Karnataka
S/o. Sreepad M.Kulkarni,
Aged About 32 Years,
Lecturer, R/O Thippeswamy Krupa,
Kote Road,
Shivamogga. 177201.
...Respondent
(By Sri. Suresh R., Advocate)
***
This Miscellaneous First Appeal is filed under Section 19(1)
of the Family Courts Act, 1984, praying to allow the appeal setting
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MFA No. 2863 of 2022
aside the judgment and decree dated 16-06-2021 in
M.C.No.88/2020 passed by the Family Court, Shivamogga and
dismiss the petition of the respondent by allowing the appeal and
pass such other order under the facts and circumstances of the
case in the interest of justice and equity.
This Miscellaneous First Appeal coming on for Orders,
through Physical Hearing/Video Conferencing, this day,
Dr.H.B.Prabhakara Sastry J. made the following:
ORDER
The present appellant and the respondent are the
wife and husband respectively whose marriage is said to
have been solemnised on the date 27-01-2019 at Sri
Matha Mangalya Mandir of Shivamogga, according to
Hindu religious customary rites. The respondent herein
who is the husband of the appellant had filed a petition
against his wife i.e. appellant herein under Section
13(1)(ia) of Hindu Marriage Act, 1955 in the Court of the
learned Principal Judge, Family Court, Shivamogga,
(hereinafter for brevity referred to as "the Trial Court") in
M.C.No.88/2020, seeking dissolution of marriage
solemnised on 27-01-2019. After contest, the said
petition came to be allowed vide impugned judgment of
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the Trial Court dated 16-06-2021. Accordingly, the said
respondent in the Trial Court i.e. wife has preferred the
present appeal.
2. The respondent (husband) herein is appearing
through his counsel.
3. Now both the parties have filed a compromise
petition under Order XXIII Rule 3 of the Code of Civil
Procedure, 1908 praying this Court to accept the
compromise petition filed by them by disposing the appeal
and confirm the impugned judgment and decree granted
by the Trial Court.
4. Perused the compromise petition. Heard the
submission from both side including the submissions from
the appellant and respondent who are physically present
and identified by their respective learned counsel. Both
the parties have produced their Aadhaar Cards for
verification and return and their copies to file to prove
their identity.
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5. The terms of the compromise as agreed to
between the parties which are mentioned in the
compromise petition under consideration from Point Nos.2
to 5 read as below:
"2. It is further that both the appellant
and the respondent being well aware of their
future and consequences of the present case
and its compromise and by foreseeing the
possibilities of their non re-union and their non
consensus mental status in respect of their
marital life, they have come to a conclusion
that their marital tie shall be dissolved forever.
3. In view of their irretrievable
conclusion and having no issues in their
wedlock, both the appellant and the
respondent have got settled their dispute in
all respects, full and finally, resultantly the
appellant has hereby agreed to consent for the
dissolution of her marriage held with the
respondent, on 27-01-2019 in Sri Matha
Mangalya Mandira, Shivamogga and confirm
the judgment and decree.
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4. It is further that the respondent has
paid Rs.3,00,000/- (Rupees Three Lakh) as full
and final settlement, the same has been paid
by way of D.D bearing No.876599 dated
23/02/24 drawn on SBI for Rs.3,00,000/- in
favour of appellant and the same has been
received and acknowledged by the appellant
towards permanent alimony.
5. The appellant and the respondent
have mutually agreed that they have not any
future claim against each other and hereby
given up all their respective right and claim
against each other and both are agreed to live
their own freely and independently."
6. The Court enquired both the parties and is
convinced that both the parties have entered into the
compromise out of their free will, volition and consent,
keeping the best interest of themselves and the opposite
party. No vitiating factors suspecting the alleged
compromise could be traced in their submission.
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7. The learned counsel appearing for the parties also
submit that the parties have compromised the issue with
due legal consultation and out of their volition, free will
and free consent.
8. Under the above circumstance, since the Court is
convinced that both the parties who claim themselves to
be Graduate and Post Graduate respectively, have, after
taking into the circumstances and consequences of the
compromise petition and from their free consent, have
entered the compromise petition, the terms of which, are
not violative of any provisions of law and neither unlawful
nor illegal, can be taken on record and compromise
petition be allowed in terms of the compromise petition.
9. Accordingly, as per the terms of the compromise
which are extracted above as Point Nos. 2 to 5 in the
compromise petition, the petition stands allowed.
Consequently, the appeal stands dismissed and the judgment
and decree dated 16-06-2021 passed by the learned Principal
Judge, Family Court, Shivamogga, in M.C.88/2020 stands
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confirmed. The marriage of the appellant - Smt. Bhavani
Joshi with respondent - Sri. Malathesh S. Kulkarni
solemnised on the date 27-01-2019 at Sri Matha Mangalya
Mandir, Shivamogga, as per Hindu religious rites, which
has stood dissolved by the impugned judgment and decree
dated 16-06-2021 passed by the Trial Court in
M.C.No.88/2020 stands confirmed.
Draw the decree accordingly.
Registry to transmit a copy of this judgment to the
Trial Court along with its records, forthwith.
Sd/-
JUDGE
Sd/-
JUDGE
BMV*
