Ashwini W/O Basavaraj Salunke vs Basavaraj S/O Tukaram Salunke
2024 Latest Caselaw 1073 Kant

Karnataka High Court

Ashwini W/O Basavaraj Salunke vs Basavaraj S/O Tukaram Salunke on 11 January, 2024

Author: B.M.Shyam Prasad

Bench: B.M.Shyam Prasad

                                                -1-
                                                      NC: 2024:KHC-K:483-DB
                                                         MFA No.201026 of 2018




                                 IN THE HIGH COURT OF KARNATAKA,

                                        KALABURAGI BENCH

                             DATED THIS THE 11TH DAY OF JANUARY, 2024

                                             PRESENT

                             THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
                                                AND
                         THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

                          MISCL. FIRST APPEAL NO.201026 OF 2018 (FC-DIV)

                      BETWEEN:
                      ASHWINI W/O BASAVARAJ SALUNKE
                      AGE: 27 YEARS, OCC: HOUSEHOLD
                      R/O: C/O: LATE LAXMAN GAJARE
                      POLICE CONSTABLE, NEAR VIGNAHARATHA
                      MARUTI MANDIR, PARTHOD CHOWK,
                      SOLAPUR (MAHARASHTRA)
                                                                  ...APPELLANT
                      (BY SRI PRASHANT S. KUMMAN, ADVOCATE)

                      AND:
                      BASAVARAJ S/O TUKARAM SALUNKE
Digitally signed by
                      AGE: 35 YEARS, OCC: LEGAL PRACTITIONER
SWETA KULKARNI
Location: High
                      R/O: INDIRA NAGAR
Court Of Karnataka    BEHIND COURT, KALABURAGI - 585 103.
                                                                ...RESPONDENT
                      (BY SRI MAHADEV S. PATIL, ADVOCATE)

                           THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
                      COURTS ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER
                      DATED 16.12.2017 PASSED BY THE DISTRICT JUDGE FAMILY
                      COURT AT KALABURAGI IN M.C.NO.61/2015, IN THE INTEREST
                      OF JUSTICE AND EQUITY.

                           THIS APPEAL COMING ON FOR ORDERS, THIS DAY
                      B.M.SHYAM PRASAD J., DELIVERED THE FOLLOWING:
                               -2-
                                    NC: 2024:KHC-K:483-DB
                                       MFA No.201026 of 2018




                         JUDGMENT

This appeal is filed by the appellant-wife calling in

question the judgment and decree dated 16.12.2017 in

M.C.No.61/2015 dissolving her marriage to the respondent.

Simultaneous with this appeal, the appellant has filed a suit

in O.S.No.14/2019 with the Family Court, Kalaburagi for

maintenance. The appellant and the respondent have filed

the compromise petition under Order XXIII Rule 3 of Code of

Civil Procedure, 1908 agreeing upon the permanent alimony

payable by the respondent to the appellant and the

appellant accepting the decree of divorce. A joint memo is

filed in this regard enclosing the decree in the said suit.

In the light of the afore, the appeal stands disposed of.

Sd/-

JUDGE

Sd/-

JUDGE

SWK

Ct;Vk