Karnataka High Court
Smt Deepa W/O Ganesh Mangalagatti vs Ganesh S/O Bharamappa Mangalagatti on 22 November, 2024
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2024:KHC-D:17020-DB
MFA No. 105153 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 22ND DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
MISCELLANEOUS FIRST APPEAL NO.105153 OF 2024 (FC)
BETWEEN:
SMT. DEEPA W/O. GANESH MANGALAGATTI,
AGE: 42 YEARS, OCC: ANGANAWADI SUPERVISOR,
R/O. KALAGATAGI, NOW R/O. ANKALAGI,
TQ: GOKAK, DIST: BELAGAVI.
...APPELLANT
(BY SRI. T. HANUMAREDDY, ADVOCATE)
AND:
GANESH S/O. BHARAMAPPA MANGALAGATTI
AGE: 54 YEARS, OCC: PRIVATE WORK,
R/O. OPP. TO KARIYAMMA TEMPLE, KELAGERI ROAD,
SHANTINIKETAN NAGAR, DHARWAD.
Digitally signed
by MANJANNA E ...RESPONDENT
Location: HIGH
COURT OF
(BY SRI. ANJANEYA M., ADVOCATE FOR CAVEATOR RESPONDENT)
KARNATAKA
DHARWAD
BENCH
Date: 2024.11.23
THIS MFA IS FILED U/S. 19(1) OF THE FAMILY COURT ACT
15:39:35 +0530 1984, PRAYING TO, CALL FOR RECORDS ON THE FILE OF LEARNED
PRINCIPAL JUDGE, FAMILY COURT, DHARWAD IN M.C . NO. 95/2016
DATED 22.08.2017; ALLOW THE APPEAL AND SET ASIDE THE
JUDGMENT AND DECREE IN MC NO. 95/2016 DATED 22.08.2017 ON
THE FILE OF LEARNED PRINCIPAL JUDGE, FAMILY COURT,
DHARWAD.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
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NC: 2024:KHC-D:17020-DB
MFA No. 105153 of 2024
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
This appeal is filed by the wife challenging the order
dated 22.08.2017 passed by the Principal Judge, Family Court,
Dharwad, wherein the petition was filed by the husband for
divorce on the ground of desertion, has been allowed and the
marriage between the appellant and the respondent dated
09.07.2000 was nullified. After the service of notice in this
appeal, the respondent has represented through his counsel.
The parties are present before the Court and are identified by
their respective counsels. As the parties have settled the
matter, the learned counsels for the parties have filed a
compromise petition under Order XXIII Rule 3 of CPC. The
compromise petition reads as under:
"1. That the appellant herein being aggrieved by the
judgment and decree passed by the learned
Principal Judge, Family Court, Dharwad in M.C.
No.95/2016 dated 22/08/2017 in allowing the
petition for divorce filed by the respondent on the
ground that the respondent has proved the alleged
desertion.
2. It is submitted that though the judgment and
decree of divorce was passed on 22.08.2017 and
the present appeal is filed in the year 2024 and in
NC: 2024:KHC-D:17020-DB
the mean time the elders of both the appellant and
respondent family have advised to resolve the
dispute amicably and also keeping in the interest of
daughter both the appellant/wife and
respondent/husband have settled the dispute
amicably and they have decided to live as husband
and wife. Hence they have sought the judgment
and decree passed by the Learned Family Court
may be set aside and the appellant and the
respondent may be permitted to live as Husband
and Wife.
3. As the appellant has instituted the Case in CC
No.2538/2016 under Sections 498A, 323, 506, 504
and 34 of IPC against the respondent and his family
members now pending on the file of Principal Civil
Judge and CJM Court Dharwad and the appellant
ready and willing to compromise/ or withdraw the
above criminal case in order to bring peace and
tranquility in the family. Hence the above
compromise may be recorded in the interest of
justice and equity by setting aside the judgment
and decree passed in MC No 95/2016. And the
appellant may be permitted to withdraw the
criminal case filed against the respondent and other
accused persons.
4. Wherefore it is respectfully prayed that the Hon'ble
Court be pleased to accept the compromise petition
and be recorded the terms and conditions
mentioned in the compromise petition by setting
NC: 2024:KHC-D:17020-DB
aside the judgment and decree dated 22.08.2017
passed in MC No.95/2016 by the Family Court,
Dharwad.
5. The terms and conditions of this compromise
petition have been explained to the Appellant and
the Respondent in Kannada vernacular language
and the appellant and respondent after
understanding the contents of the compromise
have voluntarily put their signature on this
compromise petition."
2. We have gone through the compromise petition.
The parties have submitted that they have agreed for the terms
of the compromise. In terms of the above, the appeal is
allowed. The judgment and decree dated 22.08.2017 passed by
the Principal Judge, Family Court in M.C. No.95/2016 is set
aside and the same is dismissed.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(VENKATESH NAIK T)
JUDGE
RSH - Ct:vh
