Lakshmi G vs Rajesh
2024 Latest Caselaw 6667 Kant

Citation : 2024 Latest Caselaw 6667 Kant
Judgement Date : 6 March, 2024

Karnataka High Court

Lakshmi G vs Rajesh on 6 March, 2024

                                                  -1-
                                                         NC: 2024:KHC:9625-DB
                                                            MFA No. 2688/2023




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 6TH DAY OF MARCH, 2024

                                               PRESENT

                           THE HON'BLE MRS JUSTICE K.S.MUDAGAL

                                                  AND

                          THE HON'BLE MRS JUSTICE K.S. HEMALEKHA

                     MISCELLANEOUS FIRST APPEAL NO.2688/2023 (FC)

                   BETWEEN:

                   LAKSHMI .G
                   AGED ABOUT 33 YEARS,
                   R/AT HONNUDIKE HAND POST,
                   D/O. GARUDAPPA,
                   NEAR DURGA PARAMESWARI TEMPLE ROAD,
                   TUMAKURU - 572 118.
                   KUNIGAL ROAD,
                   WORKING AT K.S.R.T.C. BUS DEPOT,
                   VEERAIAH NAGAR, ARISINAKUNTE,
                   BENGALURU - 562523.

Digitally signed   NOW RESIDING AT BESIDE K.G.S. COMFORT,
by PRABHU
KUMARA             RAMAMANDIRA ROAD,
NAIKA              9TH B MAIN ROAD,
Location: High     BANASHANKARI 3RD STAGE,
Court of
Karnataka          NEAR VIVEKANANDA NAGAR,
                   BENGALURU - 560085.                            ... APPELLANT

                   (BY SRI RAVI H.K., ADVOCATE)

                   AND:

                   RAJESH
                   S/O. LINGARAJU,
                   AGED ABOUT 32 YEARS,
                   OPP. TO S.S.I.T. COLLEGE,
                   NEAR GAYATHRI CHOULTRY,
                   KUNIGAL ROAD, MARALURU,
                   TUMAKURU - 572105.
                                -2-
                                            NC: 2024:KHC:9625-DB
                                              MFA No. 2688/2023




NOW RESIDING AT #647/1-B,
LOKA NAYAKA NAGAR,
SANJEEVINI CIRCLE,
5TH CROSS, METAGALLI POST,
MYSORE - 570 016.                                  ... RESPONDENT

(BY SRI SHIVAKUMAR N., ADVOCATE)

      THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT
AND DECREE DATED 27.03.2023 PASSED IN M.C.NO.330/2018 ON
THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
TUMAKURU, ALLOWING THE PETITION FILED UNDER SECTION
13(1)(ia) AND 13(1A)(ii) OF THE HINDU MARRIAGE ACT AND
CONSEQUENTLY DISMISS THE PETITION IN SAID M.C.NO.330/2018.

     THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR FINAL
HEARING, THIS DAY, K.S.MUDAGAL J., DELIVERED THE
FOLLOWING:
                           JUDGMENT

The appellant and the respondent and their respective

counsel are present before the Court. Parties are duly

identified by their respective counsel.

2. Heard the parties on the compromise petition. They

admit that they voluntarily executed the compromise petition

and the terms of the same. Satisfied that the settlement

entered into by parties is admissible under the law.

3. In terms of the compromise petition, the

respondent counsel hands over the D.D. bearing No.892486 for

Rs.14,00,000/- drawn on Canara Bank, Siddhartha Inst of Tech

NC: 2024:KHC:9625-DB

Branch, Tumakuru. The gold ornaments as mentioned in the

compromise petition are also handed over to the appellant.

Both parties have agreed to withdraw the allegations made

against each other and to cooperate for the withdrawal of the

proceedings pending between the parties. Thus, the allegations

made against each other stood withdrawn under this order. The

compromise is recorded. Hence, the following:

ORDER

i. The appeal is allowed.

ii. The impugned judgment and decree in M.C.

No.330/2018 passed by the I Additional Principal

Judge, Family Court, Tumakuru dated 27.03.2023 is

hereby set aside.