Karnataka High Court
Sujitkumar S/O Appasaheb Tare vs Smt. Akshata on 1 July, 2024
Author: S G Pandit
Bench: S G Pandit
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MFA No.104729 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
MISCELLANEOUS FIRST APPEAL NO.104729 OF 2023 (FC)
BETWEEN:
SUJITKUMAR
S/O. APPASAHEB TARE
AGE. 37 YEARS, OCC. SERVICE,
R/O. A/P. UDAGAON,
TQ. SHIROL, DIST. KOLHAPUR,
STATE. MAHARASHTRA-416101.
...APPELLANT
(BY SRI. SAURABH A. SONDUR, ADVOCATE)
AND:
SMT. AKSHATA
W/O SUJITKUMAR TARE
BEFORE MARRIAGE AKSHATA
JAGADISH
TR D/O. ASHOK JAKKANNAVAR
Digitally signed by
AGE. 29 YEARS, OCC. PRIVATE JOB,
JAGADISH T R
Location: HIGH
COURT OF
R/O. #542/A2, KULKARNI GALLI,
KARNATAKA
DHARWAD BENCH
TQ AND DIST. BELAGAVI-590001.
...RESPONDENT
(BY SRI. VITTAL S. TELI, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 19(1) OF THE FAMILY
COURTS ACT, PRAYING TO, ALLOW THIS APPEAL AND SET ASIDE THE
JUDGMENT AND DECREE DATED 29.09.2023 PASSED BY THE I
ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI, IN MC
NO.590/2021 AND DISMISS THE PETITION FILED BY THE PETITIONER.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
S G PANDIT, J., DELIVERED THE FOLLOWING:
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MFA No.104729 of 2023
JUDGMENT
This appeal under Section 19(1) of the Family Courts
Act is directed against the judgment and decree dated
29.09.2023 passed in M.C.No.590/2021 on the file of the I
Additional Principal Judge, Family Court, Belagavi, wherein
the petition of respondent is allowed and the marriage of
the appellant and the respondent is dissolved by decree of
divorce.
2. The respondent-husband is in appeal questioning
the divorce granted under the above said judgment and
decree.
3. Sri. Sourabh A.Sondur, learned counsel for the
appellant and Sri. Vitthal S.Teli, learned counsel for the
respondent are present before the Court. The appellant-
Sri.Sujitkumar and the respondent-Smt.Akshata, are
present before the Court. The parties are identified by their
respective counsels. The brother of the appellant viz., Sri.
Chetankumar Tare, who filed the complaint against the
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respondent and family members, in R.C.C. No.134/2022
pending on the file of 3rd Joint CJJD JMFC, Jayasingpur, is
also present before the Court.
4. The parties admit entering into compromise and
accordingly compromise petition is filed under Order XXIII
Rule 3 of the Code of Civil Procedure, 1908. The terms of
the compromise petition, at paragraphs 4 and 5, read as
under:
"4. It is submitted that, during pendency of the present
Appeal, with the intervention of elders and well wishers of
the family of either parties the parties hereto have
amicably resolved all the dispute between themselves and
wish to enter into compromise on following terms:
i. The Appellant herein has agreed to withdraw the
present Appeal thereby accepting dissolution of
marriage with Respondent vide Judgment and Decree
dated:29/09/2023 passed by the I Addl. Prl. Judge,
Family Court, Belgavi, in M.C. No. 590/2021.
ii. The Respondent herein has agreed to co-operate
with the Appellant and his family members in
withdrawing or getting compounded/getting quashed
the proceedings Initiated in C.C. No. 449/2021
pending on the file of J.M.F.C.-II Court, Belagavi,
which is registered for offences punishable under
Sections 498-A, 323, 504, 506 R/w. Section 34 of
IPC.
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iii. The Appellant has further agreed to ensure that
his brother will co-operate with the Respondent and
her family members in withdrawing or getting
compounded/getting quashed the proceedings
initiated R.C.C. No. 134/2022 pending on the file of
3rd Joint CJJD JMFC, Jayasingpur, which is registered
for offences punishable under Section 389, 500, 442,
451, 441, 384, 323, 504, 506 R/w. Section 34 of IPC.
iv. The Respondent has further agreed that she will
not claim any rights in whatsoever manner in the
properties belonging to the Appellant either movable
or immovable pursuant to dissolution of her marriage
with the Appellant.
v. The Appellant has also further agreed that he does
not have any claims against the Respondent/wife in
any manner whatsoever.
vi. The Respondent has further voluntarily agreed
that she will not claim any alimony from the
appellant herein, either permanent or future,
pursuant to dissolution of marriage.
vii. The Appellant as well as the Respondent hereby
agree that they shall not interfere in the lives of each
other, in any manner whatsoever, pursuant to decree
of dissolution of marriage.
5. The above compromise petition has been read over to
the parties by the respective counsels and the parties
herein have signed the above petition after understanding
all the terms and conditions mentioned in the above
petition. The compromise arrived at is voluntary and out of
free consent of both the parties herein keeping in mind the
interest of both the parties."
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5. 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.
6. In terms of the compromise petition, the appeal
stands disposed of, and the impugned judgment and decree
dated 29.09.2023 passed in M.C.No.590/2021 by the I
Additional Principal Judge, Family Court, Belagavi, is
confirmed.
Sd/-
JUDGE
Sd/-
JUDGE
KMS, CT:VP
