Karnataka High Court
Ramanatha Acharya vs Vani Ramanatha Acharya on 3 July, 2024
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2024:KHC:24911-DB
MFA No. 1306 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 1306 OF 2022 (MC)
BETWEEN:
RAMANATHA ACHARYA,
AGED ABOUT 45 YEARS,
S/O LATE HAYAGREEVA ACHARYA,
R/AT "SRI BHAGAVATAM"
MUCHLUKODU, KUKKIKATTTE,
76, BADAGUBETTU VILLAGE,
UDUPI TALUK AND DISTRICT-576104.
...APPELLANT
(BY SRI. PRITHVI RAJ B. N., ADVOCATE)
AND:
Digitally signed by VANI RAMANATHA ACHARYA,
AASEEFA PARVEEN
Location: HIGH
AGED ABOUT 44 YEARS,
COURT OF S/O. SWARNALATHA,
KARNATAKA
R/A. NAVADURGA LESARTECH
SAGRI TEMPLE ROAD, SAGRI,
UDUPI TALUK AND DISTRICT-576102.
...RESPONDENT
(BY SRI. ARAVIND KUMAR A., ADVOCATE)
THIS MFA FILED UNDER SECTION 28(1) OF HINDU
MARRIAGE ACT AND R/W. UNDER SECTION 19(1) OF THE FAMILY
COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED
15.10.2020 PASSED IN M.C.NO. 2/2011 ON THE FILE OF THE
ADDITIONAL SENIOR CIVIL JUDGE, UDUPI, DISMISSING THE
PETITION FILED UNDER SECTION 13(1)(i-a) AND(i-b) OF THE
HINDU MARRIAGE ACT, 1955.
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MFA No. 1306 of 2022
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
K. SOMASHEKAR, J., DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed against the judgement and decree
rendered by the Court of Additional Senior Civil Judge at Udupi
in M.C.No.02/2011, dated 15.10.2020.
2. The aforesaid proceedings is initiated by the
petitioner namely Ramanatha Acharya under Section 13(1)(i)
(ia) (ib) of the Hindu Marriage Act of 1955 and this petition
came to be dismissed. The same has been challenged under
this appeal urging various grounds.
3. Learned counsel Sri. Prithvi Raj B.N. for appellant
and learned counsel Sri. Aravind Kumar.A for respondent, are
present, keeping present the appellant namely Ramanatha
Acharya and also respondent Smt.Vani Ramanatha Acharya.
Whereas in this appeal proceedings both the parties have filed
a compromise petition under Order XXIII Rule 3 of r/w 151 of
CPC. This application is consisting certain terms to arrive at
compromise of issues emerging between appellant and
respondent which read as follows:
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"(i) That there is no chance of reunion between the
Parties and hence, they have agreed to part ways
by seeking a decree of divorce by filing a joint
application before this Hon'ble Court for grant of
decree of Divorce.
(ii) That the Appellant has paid to the respondent a
sum of Rs. 12,00,000/- (Rupees twelve Lakhs Only)
as a full and final one-time settlement amount for
settlement of all their disputes & claims arising out
of the marriage between the parties including
maintenance, past, present and future, permanent
alimony.
(iii) The respondent has already taken her entire
belongings such as gold ornaments (240grams),
Stridhana and valuables etc and nothing is left with
the appellant.
(iv) Hereinafter the respondent will not have any kind
of claim against the appellant and the respondent
shall withdraw all the cases filed against the
appellant within 30 days from the date of this
application and also take all the necessary steps to
put an end to the litigation.
(v) Out of the wedlock, two daughters are born namely
Vasupradha and her marriage is performed by the
appellant. Another daughter namely Aksharadha
has completed her studies and presently is working
in Bangalore and settled. There is no any kind of
claim on any party.
(vi) No party shall defame, criticize or to any other
thing to other party either by themselves or
through any other persons. Both parties shall abide
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by the terms of the agreement and respect the
other party. Both the parties shall not interfere in
the lives of the other party.
(vii) The present joint application is filed without any
force, fraud or undue influence and the consents of
the parties in the application are free consents."
4. Both the parties have entered into this compromise
voluntarily with an intention to bring to an end all the pending
litigation and to lead their future life peacefully. There is no
force, fraud, coercion or undue influence induced on them to
enter into this compromise. These are all the terms &
conditions enumerated in this joint compromise petition filed by
the appellant and respondent. However, both the appellant and
respondent are present before the Court physically and
appraising to them relating to terms of compromise arrived
between the parties and they are acquainted and also
submitting in the presence of learned counsel for the parties
that they have entered into this compromise and also seeking
acceptance of this compromise petition.
5. Therefore, keeping in view the submission made by
the learned counsel for the parties in this appeal matter and
relating to the compromise joint petition filed by the appellant
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and respondent and consequently, this compromise petition
which is filed by them is taken on record and also consideration
in the interest of justice, consequently this compromise petition
is deemed appropriate for consideration and therefore the
judgment & decree rendered by the Court below in MC
No.2/2011, dated 15.10.2020 is hereby set-aside and
consequently the proceeding initiated by the petitioner therein
who is appellant herein under Section 13(1)(i) i.e., i-a & i-b of
the Hindu Marriage Act is hereby allowed in the interest of
justice. Accordingly, this appeal is hereby disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
DS
