Karnataka High Court

Sri Abhishek Hegde A vs Smt Megha Rani M on 15 November, 2024

Author: K.Somashekar

Bench: K.Somashekar

                                               -1-
                                                         NC: 2024:KHC:46554-DB
                                                          MFA No. 913 of 2021
                                                      C/W MFA No. 826 of 2021



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 15TH DAY OF NOVEMBER, 2024

                                            PRESENT

                             THE HON'BLE MR JUSTICE K.SOMASHEKAR

                                               AND

                              THE HON'BLE MR JUSTICE RAJESH RAI K

                       MISCELLANEOUS FIRST APPEAL NO. 913 OF 2021 (FC)

                                              C/W

                         MISCELLANEOUS FIRST APPEAL NO. 826 OF 2021

                      IN MFA No. 913/2021

                      BETWEEN:

                         SRI ABHISHEK HEGDE A
                         S/O ANKEGOWDA
                         AGED ABOUT 34 YEARS,
                         OCC: JUNIOR ADVOCATE
                         R/A GOPALPURA VILLAGE
Digitally signed by
HARIKRISHNA V            JAYAPURA HOBLI
Location: HIGH           MYSURU TALUKA-570 008.
COURT OF                                                          ...APPELLANT
KARNATAKA
                      (BY SRI. SUNIL SHRISHAIL CHOUDHARI, ADVOCATE)

                      AND:

                         SMT. MEGHA RANI M
                         W/O A. ABHISHEK HEGDE
                         D/O MAHADEVU
                         AGED ABOUT 24 YEARS,
                         R/A #304,
                         BASAVANAGUDI ROAD
                         VARAKODU VILLAGE & POST,
                           -2-
                                   NC: 2024:KHC:46554-DB
                                    MFA No. 913 of 2021
                                C/W MFA No. 826 of 2021



   VARUNA HOBLI,
   MYSURU TALUKA-570 010.
                                          ...RESPONDENT
(BY SRI. RAGHU H.R AND
    SRI. N. KUMAR, ADVOCATES)

     THIS MFA IS FILED U/S 19(1) OF THE FAMILY COURTS
ACT, AGAINST THE JUDGMENT AND DECREE DATED.
15.12.2020, PASSED IN MC.NO.380/2019, ON THE FILE OF
THE II-ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
MYSURU, DISMISSING THE PETITION FILED U/SEC.13(1) (ia)
OF THE HINDU MARRIAGE ACT.

IN MFA NO. 826/2021

BETWEEN:

   SRI ABHISHEK HEGDE A
   S/O ANKEGOWDA
   AGED ABOUT 34 YEARS,
   OCC: JUNIOR ADVOCATE
   R/A GOPALPURA VILLAGE
   JAYAPURA HOBLI
   MYSORE TALUKA-57 0008.
                                        ...APPELLANT

(BY SRI. SUNIL SHRISHAIL CHOUDHARI, ADVOCATE)

AND:

   SMT. MEGHA RANI M
   W/O A. ABHISHEK HEGDE
   D/O MAHADEVU
   AGED ABOUT 24 YEARS,
   R/A #304,
   BASAVANAGUDI ROAD
   VARAKODU VILLAGE & POST
   VARUNA HOBLI
   MYSURU TALUKA-570 010
                                      ...RESPONDENT
(BY SRI. RAGHU H.R AND
    SRI. N. KUMAR, ADVOCATES)
                            -3-
                                    NC: 2024:KHC:46554-DB
                                     MFA No. 913 of 2021
                                 C/W MFA No. 826 of 2021



    THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
COURT ACT, AGAINST THE JUDGEMENT AND DECREE
DATED 15.12.2020 PASSED IN M.C.NO. 121/2020 ON THE
FILE OF THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY
COURT, MYSURU, ALLOWING THE PETITION FILED UNDER
SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT.

     THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR JUSTICE K.SOMASHEKAR
           and
           HON'BLE MR JUSTICE RAJESH RAI K

                      ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE K.SOMASHEKAR)

These appeals are preferred by the appellant namely

Sri Abhishek challenging the judgment and decree passed

by the II Additional Principal Judge, Family Court, Mysuru

in M.C.No.380/2019 clubbed with M.C.No.121/2020 and

C.Mis.No.470/2019 and dated 15.12.2020 urging the

various grounds.

2. The proceeding in M.C.No.380/2019 has been

filed by the appellant herein for decree of divorce under

13(1)(ia) of Hindu Marriage Act and it came to be

dismissed on 15.12.2020.

NC: 2024:KHC:46554-DB

3. The proceeding in M.C.No.121/2020 has been

filed by the respondent herein for decree of divorce under

Section 13(1)(ia) of Hindu Marriage Act and it came to be

allowed with cost.

4. The petition in C.Mis.No.470/2019 has been

filed by the respondent against the appellant herein under

Section 125 of Cr.P.C. for maintenance and it came to be

dismissed.

5. Learned counsel, Sri Sunil Shrishail Choudhari,

for the appellant is present before the Court physically in

both the appeal matters.

6. Learned counsel, Sri N.Kumar for the

respondent, is on record but represented by learned

counsel, Sri Raghu H.R., is present before the Court

physically and submits that Sri. N.Kumar, learned counsel

on record in these matters intends to issue NOC to the

respondent-Smt. Megharani M. This submission is taken

on record.

NC: 2024:KHC:46554-DB

7. Consequently, there is requirement of issuance

of Court notice to the respondent but the said respondent,

who is present before the Court in these matters, is ready

to take the notice in these matters. Consequently, she is

directed to file a memo to that effect. Subsequently, the

respondent has filed a memo. Memo is taken on record.

8. Learned counsel for the appellant and

respondent have filed the compromise petition under

Order XXIII Rule 3 of CPC. It is stated in the petition that

appellant and respondent, on considering their long

pending litigations and no chance of reunion to lead their

marital life, have agreed to get dissolved their marital life

on the following terms and conditions:

"1) It is submitted that, petitioner and respondent are Husband and wife.

2) It is submitted that, after much deliberation, the Petitioner & respondent have resolved their dispute with the intervention of the elders, family members, well-

wishers of both the family and decided to put an end to their disputes once for all and have arrived at settlement. Hence this compromise petition.

3) It is submitted that both the parties agreed for passing of decree of divorce on account of compromise or settlement.

NC: 2024:KHC:46554-DB

4) It is submitted that, the Respondent wife with free will and without any coercion, misrepresentation has decided to forego her claim of Permanent Alimony and will not claim any Alimony from petitioner husband. Accordingly the Respondent request this Hon'ble Court for setting aside the order of Permanent Alimony in MFA No. 826/2021 & MFA No. 913/2021.

5) It is submitted that, the respondent wife will withdraw the Execution Petition, Ex No.24/2021 pending before the Hon'ble II Additional Principal Judge Family Court at Mysuru.

6) It is submitted that the Respondent wife will file an affidavit in Criminal Petition No 7103/2022 (482) for quashing of the FIR against the Petitioner and his Family Members on account of the settlement.

7) It is submitted that, the petitioner has filed the petition against the respondent in P.C.R. No. 15/2023 and C.C. No 1834/2004 and has agreed to withdraw the same before the Hon'ble II J.M.F.C. Court at Mysuru.

8) The Petitioner and the Respondent withdraw their respective allegations made against each other and shall not make any allegations against each other in future as well.

9) It is submitted that, this compromise petition is filed with free will and consent. There is no coercion or threat from anybody. There is no collusion between the parties. They have agreed not to file any other complaint, suit and Petition before any other Court for same relief in future.

10) It is submitted that, both the Petitioner and Respondent have no claims either of past, present or future upon each other's movable and immovable properties and the Respondent has relinquished her present and future alimony of maintenance against the appellant.

11) It is submitted that, both the Petitioner and Respondent have agreed not to interfere with each other's personal, social and economical life and are free to marry any other person of their choice.

NC: 2024:KHC:46554-DB

12) It is submitted that, both the parties shall adhere to and abide by the conditions mentioned herein above.

13) It is submitted that, the Petitioner and Respondent have jointly signed this Compromise Petition with their own freewill without any force, threat, coercion and undue influence."

9. The appellant, namely, Sri Abhishek Hegde A.,

and the respondent, namely, Smt. Megha Rani M., are

present before the Court physically. Both the parties

submit that this settlement is arrived at by their mutual

consent, voluntarily, from their free will and volition,

without any pressure, coercion or undue influence

whatsoever. Hence, they submit that these appeals may

be disposed of by dissolving the marriage held on

20.04.2018 at Nithyananda Kalyana Mantapa, Mysuru.

10. The compromise petition is taken on record.

Accordingly, these appeals are disposed of. The judgment

and decree rendered by the II Additional Principal Judge,