Karnataka High Court
Sri Shiva Prakash vs Smt. Nagamani @ Mamatha on 30 September, 2024
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MFA No. 426 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
MISCELLANEOUS FIRST APPEAL NO. 426 OF 2019 (FC)
Between:
Sri Shiva Prakash
S/o Late Yellappa,
Aged about 39 years,
R/o Vasavinagara, Sira Gate,
Tumakuru City & District -572101.
...Appellant
(By Sri K.R.Ramesh, Advocate)
And:
Smt. Nagamani @ Mamatha
W/o Shiva Prakash,
D/o Late Kempanna,
Aged about 34 years,
Digitally signed by R/o Kundoor, Devarayapattana Post,
VEERENDRA
KUMAR K M Tumakuru Taluk, Tumakuru-572104.
Location: HIGH ...Respondent
COURT OF (By Sri V.B.Siddaramaiah, Advocate)
KARNATAKA
This MFA is filed under section 19(1) of The Family Courts
Act against the judgment and decree dated 23.10.2018, passed
in M.C.No.239/2015, on the file of the Principal Judge, Family
Court, Tumakuru, dismissing the petition filed under section
13(1)(i-a)(i-b) of the Hindu Marriage Act.
This MFA, coming on for orders, this day, order was made
therein as under:
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MFA No. 426 of 2019
CORAM: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
AND
HON'BLE MR JUSTICE UMESH M ADIGA
ORAL ORDER
(PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR)
Sri V.B.Siddaramaiah, advocate, files vakalath for the
respondent. The appellant's counsel states that all the office
objections are complied with.
2. This appeal was dismissed for non-prosecution on
10.06.2022. An application as per I.A.2/2024 has been filed to
recall the said order. Since there is a delay of 796 days in filing
the application-I.A.2/2024, I.A.1/2024 has been filed seeking
to condone the delay. Since the matter has been settled
between the parties, the order dated 10.06.2022 can be
recalled to record compromise. For this reason, the delay of
796 days is condoned and I.A.1/2024 is allowed. I.A.2/2024 is
allowed, the order dated 10.06.2022 is recalled.
3. Today the appellant Sri Shiva Prakash and the
respondent Smt. Nagamani @ Mamatha are present before the
court with their respective advocates and present a
compromise petition under Order XXIII Rule 3 of CPC. The
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contents of the compromise are read over and explained to the
parties in Kannada language. The parties admit that they have
entered the compromise voluntarily and that they are aware of
the contents of the compromise petition.
4. This appeal arises out of judgment of the Family
Court, Tumakuru, dismissing the divorce petition M.C.239/2015
filed by the appellant. The compromise petition discloses
several criminal actions initiated by the respondent against the
appellant. The respondent has given consent for withdrawing
all those criminal petitions.
5. By virtue of this compromise the parties have agreed
for dissolution of their marriage and they have withdrawn the
mutual allegations. The appellant has agreed to pay a sum of
Rs.24,00,000/- to the respondent towards her alimony and the
maintenance of the minor daughter, Kumari Neha. Today
respondent receives a DD for Rs.24,00,000/- from the
appellant. Out of Rs.24,00,000/-, the respondent shall keep a
sum of Rs.15,00,000/- in fixed deposit in the name of the
minor daughter till she attains majority.
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6. The terms of the compromise are lawful. Since the
marriage between the appellant and the respondent has broken
down, it is expedient in the interest of justice that they are to
be separated. In this view, compromise is accepted, judgment
of the Family Court in M.C.239/2015 is reversed. The marriage
solemnized between the appellant and the respondent on
19.5.2011 is dissolved. Decree shall be drawn in terms of the
compromise petition.
Sd/-
(SREENIVAS HARISH KUMAR)
JUDGE
Sd/-
(UMESH M ADIGA)
JUDGE
CKL/
