Karnataka High Court
Smt. Mamata W/O Ningappa Hallibarki vs Shri. Ningappa S/O Tirukappa ... on 26 July, 2024
Author: S.G.Pandit
Bench: S.G. Pandit
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NC: 2024:KHC-D:10640-DB
MFA No.104232 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH 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. 104232 OF 2022 (FC-)
BETWEEN:
SMT. MAMATA W/O. NINGAPPA HALLIBARKI,
AGE. 35 YEARS, OCC. HOUSEHOLD WORK,
R/O. C/O INDRAVVA SINGANNAVAR,
NEAR GALEMMAGUDI TEMPLE,
HAVERI-581128, TQ/DIST. HAVERI.
...APPELLANT
(BY SRI. A.S. PATIL, ADVOCATE)
AND:
SHRI. NINGAPPA S/O. TIRUKAPPA HALLIBARKI,
AGE. 47 YEARS,
OCC. RTD. SOLDIER,
R/O. KABBUR-581110
TQ/DIST. HAVERI.
...RESPONDENT
(BY SRI. HANUMANTHAREDDY SAHUKAR, ADVOCATE)
JAGADISH
TR THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT ACT,
Digitally signed by
PRAYING TO, SET ASIDE/MODIFY THE JUDGMENT & DECREE DTD
JAGADISH T R
Location: HIGH COURT
OF KARNATAKA
16.08.2022 PASSED BY THE HON'BLE PRINCIPAL JUDGE, FAMILY
DHARWAD BENCH
COURT, HAVERI IN MC NO.67/2021 AND TO ALLOW THIS APPEAL BY
PASSING APPROPRIATE ORDERS, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
S G PANDIT J., DELIVERED THE FOLLOWING:
CORAM:HON'BLE MR. JUSTICE S.G. PANDIT
AND
HON'BLE MR. JUSTICE G.BASAVARAJA
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NC: 2024:KHC-D:10640-DB
MFA No.104232 of 2022
ORAL JUDGMENT
(PER: HON'BLE S.G.PANDIT)
The appellant is in appeal under Section 19(1) of the
Family Courts Act, 1984 questioning the correctness and
legality of judgment and decree dated 16.08.2022 passed in
MC No.67/2021 on the file of the Principal Judge, Family Court,
Haveri, by which, petition filed by the respondent under Section
13(1)(i-a) of the Hindu Marriage Act, 1955 is allowed and
marriage of the appellant and respondent solemnized on
17.05.2005 is dissolved by way of decree of divorce. Further, it
has observed the petitioner is entitled to visiting right towards
his children.
2. The appellant-Smt. Mamata along with her counsel
Sri. A.S. Patil, so also respondent-Sri. Ningappa along with his
counsel Sri. Hanumanthareddy Sahukar are present before the
Court.
3. Both learned counsel for the parties would submit
that during the pendency of appeal, with the intervention of
elders, the appellant and respondent have agreed to settle their
dispute between them and accordingly, compromise petition
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under Order XXIII Rule 3 read with Section 151 of CPC is filed.
Terms of the compromise reads as under:
"2. That the Respondent/Husband has agreed to pay
an Amount of Rs. 18 Lakhs (Rupees Eighteen Lakhs
Only) towards Permananet Alimony to the
Appellant/Wife. Out of the said amount of Rs.18
Lakhs (Rupees Eighteen Lakhs Only) Further the
Respondent/Husband undertakes to pay Rs.9 Lakhs
(Rupees Nine Lakhs only) within 1 month i.e., on or
before 26.08.2024 and the remaining Rs.9 Lakhs
(Rupees Nine Lakhs only) within 1 month i.e., on or
before 26.09.2024 as permanant alimony towards
the Appellant/Wife.
3. That the Respondent/Husband has agreed to pay
an Amount of Rs.5,000/- (Rupees Five Thousand
Only) in favour of Kumar Chidananada S/o Ningappa
Hallibarki who is the son of Appellant/Wife and
Respondent/Husband, towards the maintenance and
the Respondent/Husband has agreed to pay till the
son attains the age of majority.
4. That the Respondent/Husband has agreed to pay
an Amount of Rs.6,000/- (Rupees Six Thousand
Only) each in favour of his two daughters namely
Kumari Puspha D/o Ningappa Hallibarki and Kumari
Neha D/o Ningappa Hallibarki towards their
maintenance per month respectively and the
Respondent/Husband has agreed to pay till the date
of the marriage of his daughters respectively.
5. Further the Respondent/Husband undertakes to
the pay maintenance towards his children as agreed
upon supra i.e., an Amount of Rs.5,000/- (Rupees
Five Thousand Only) in favour of Kumar
Chidananada S/o Ningappa Hallibarki till the son
attains the age of majority and an Amount of
Rs.6,000/- (Rupees Six Thousand Only) each in
favour of Kumari Puspha D/o Ningappa Hallibarki
and Kumari Neha D/o Ningappa Hallibarki towards
their monthly maintenance respectively till the date
of the marriage of his daughters respectively, on or
before 5th day of Every month. It is further agreed
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upon between Appellant/Wife and
Respondent/Husband that there shall be no claim
with respect to payment of Arrears in so far as to
maintenance is concerned in respect of Reptitiners
No. 2 to 4 are concerned who are minor children in
RPFC No.100085/2021 which is pending for
consideration before this Hon'ble Court. The
appellant/wife and repondent/husband agreed to file
the compromise petition in RPFC No.100085/2021 in
terms of compromise as stated in para No. 5 of this
compromise petition on or before 30.9.2024 by the
parties.
6. Further the Respondent/Husband undertakes to
transfer/remit the permanent alimony and monthly
maintenance payable towards his children as agreed
thereof to the Savings Bank Account No.
36473141210 SBIN0001825 State Bank of India,
Haveri Branch which is standing in the name of
appellant on or before the stipulated date.
7. The Appellant/Wife has agreed to accept the
Amount of Rs. 18 Lakhs (Rupees Eighteen Lakhs
Only) towards Permanant Alimony as mentioned
above from the Respondent/Husband by undertaking
that she will not claim any rights or maintenance or
property rights against the Respondent/Husband or
his family members. Further Appellant/wife shall not
institute any proceedings either civil or criminal
against the Respondent/Husband or his family
members in future.
8. Further Appellant/Wife in view of the compromise
Petition has wilfully agreed for disolution of marriage
with Respondent/Husband which was soleminized on
17.05.2005.
9. Further Appellant/Wife agreed that she will not
claim any rights in OS No. 143/2022 pending
consideration before Hon'ble Principal Senior Civil
Judge and CJM Haveri which is filed by the
Appellant/Wife for Partition and Separate
Possession. However, Appellant/Wife is entitled to
prosecute the said suit on behalf of her minor
children.
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10. Further Appellant/Wife in viewing of arriving at
compromise with the Respondent/Husband in this
instant appeal has hereby agreed to enter into
compromise in RPFC No. 100085/2021 pending
consideration before this Hon'ble Court to the effect
that Appellant/Wife shall not claim for maintenance
either in entirety or in any part or arrears in view of
the acceptance of permanent alimony from
Respondent/Husband in this appeal.
11. It is hereby agreed that no suit/Petition/case
shall be instituted against each other by the
Appellant/Wife or Respondent/Husband on the same
cause of action.
12. It is hereby agreed that parties to this
compromise petition shall not lay their claims
against each other respectively and shall therefore
withdraw the allegations against each other."
4. We have perused the terms of the compromise. On
perusal of the same, it is seen that terms of the compromise
are in accordance with law and in the interest of appellant and
respondent as well as their children. The respondent/husband
has agreed to pay a sum of Rs.18 lakhs towards permanent
alimony to the appellant/wife. Out of the said amount of Rs.18
lakhs, the respondent has undertaken to pay a sum of Rs.9
lakhs within one month from today i.e. on or before 26.08.2024
and remaining amount of Rs.9 lakhs, within one month
thereafter i.e., on or before 26.09.2024. Further, the
respondent has agreed to pay sum of Rs.5,000/- per month in
favour of his son Chidananda till he attains the age of majority
NC: 2024:KHC-D:10640-DB
and a sum of Rs.6,000/- each in favour of his two daughters
viz., Kumari Pushpa and Neha towards their educational
expenses till they get married. The respondent/husband has
also agreed to remit the above stated amount on or before 5th
of every month to the Savings Bank Account No.36473141210,
State Bank of India, Haveri Branch, IFSC Code:SBIN0001825,
which is standing in the name of the appellant/wife. The
appellant has stated that she has no other claim on receipt of
Rs.18 lakhs as permanent alimony. In case of default of
payment of aforesaid amount as stated by the
respondent/husband, the appellant is at liberty to recover the
same along with interest by proceeding against the
respondent/husband by filing execution, as if it is a money
decree and also by attaching pension of the
respondent/husband, who is an Ex-service man. The
Compromise petition is placed on record.
5. The appeal stands dispose off in terms of the
compromise and the judgment and decree dated 16.08.2022
passed in MC No.67/2021 on the file of the Principal Judge,
Family Court, Haveri is modified in terms of the compromise.
The marriage between the appellant and respondent
NC: 2024:KHC-D:10640-DB
solemnized on 17.05.2005 is hereby dissolved by decree of
divorce in terms of compromise. The respondent/husband is
entitled to visiting right towards his children as ordered by the
Family Court. Draw modified decree accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
JTR
