[Cites 3, Cited by 0]
Karnataka High Court
Smt Sajjalasri W/O Kencangouda Goudar vs Kechanagouda S/O Shankaragouda Goudar on 1 December, 2025
Author: S G Pandit
Bench: S G Pandit
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NC: 2025:KHC-D:16839-DB
MFA No. 101380 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 1ST DAY OF DECEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
MISCELLANEOUS FIRST APPEAL NO.101380 OF 2024 (MC)
BETWEEN:
SMT. SAJJALASRI,
W/O KENCHANGOUDA GOUDAR,
AGE. 34 YEARS, OCC. HOUSEHOLD,
R/O. ALUR S.K., TQ. BADAMI,
DIST. BAGALKOTE-587201.
...APPELLANT
(BY SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE)
AND:
KENCHANAGOUDA,
S/O SHANKARAGOUDA GOUDAR,
AGE. 43 YEARS,
OCC. GOVERNMENT EMPLOYEE,
Digitally signed by
BHARATHI H M R/O. HIREMUCHCHALAGUDD,
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
TQ. BADAMI,
BENCH
Date: 2025.12.04
11:01:43 +0530
DIST. BAGALKOTE-587201.
...RESPONDENT
(BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE)
THIS MFA IS FILED UNDER SEC.28(1) OF THE HINDU MARRIAGE
ACT, AGAINST THE JUDGMENT AND DECREE DATED 04.12.2023,
PASSED IN MATRIMONIAL CASE NO.50/2017 ON THE FILE OF THE
SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
BADAMI, AT BADAMI, ALLOWING THE PETITION FILED UNDER
SEC.13(1)(ia) AND (1)(ib) OF THE HINDU MARRIAGE ACT.
THIS MFA COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:16839-DB
MFA No. 101380 of 2024
HC-KAR
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
The above appeal filed under Section 28(1) of the Hindu
Marriage Act, 1955 (for short, 'the 1955 Act') is directed against
the judgment and award dated 04.12.2023 passed in M.C.
No.50/2017 by the Senior Civil Judge and JMFC, Badami,
whereunder the petition filed by the respondent under Section
13(1)(ia) and (ib) of the 1955 Act is allowed, dissolving the
marriage of the appellant and the respondent solemnised on
11.02.2000.
2. Both, the appellant - Smt. Sajjalasri and the
respondent - Sri. Kenchanagouda, are present along with their
respective counsel and are identified by their respective counsels
namely Sri. Vijayendra Bhimakkanavar for the appellant, and Sri.
Shivaraj S.Balloli for the respondent.
3. The learned counsel appearing for both the parties
would submit that, during the pendency of the appeal, with the
intervention of the elders, the parties have arrived at a settlement
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HC-KAR
and accordingly, they have filed a compromise petition under
Order XXIII Rule 3 of the Code of Civil Procedure, 1908, today
before this Court. The terms of the settlement, at paragraphs 3 to
8 of the compromise petition, read as under:
"3. It is submitted that during the pendency of the top noted
appeal, the elders and the well-wishers of both the parties
have advised the parties to amicably settle the dispute
between themselves. As such, the Respondent/husband is
herewith paying a sum of Rs.15,00,000/-(Rupees Fifteen
Lakhs) by way of demand draft bearing No.755308 drawn
on Canara Bank, KerurTq: Badami Dist: Bagalkot in favour
of the Appellant/wife towards full and final settlement of
her Alimony.
4. It is submitted that the Appellant/wife has no objection for
confirmation of the Judgment passed by the Trial court and
agrees for dissolution of marriage passed by the learned
Senior Civil Judge and J.M.F.C., Badami and agrees for
dissolution of the marriage solemnized between the
Appellant and Respondent dated 11/02/2000.
5. It is submitted that the Appellant/wife agrees that
aforesaid amount paid by the Respondent/husband to the
Appellant/wife i.e., sum of Rs.15,00,000/-(Fifteen Lakhs)
is towards full and final settlement of her claim(s) towards
Alimony and she shall have no future claim whatsoever
towards Alimony from the Maintenance
Respondent/husband an all pending recovery proceedings
initiated by the Appellant/wife before Family
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Court/Magistrate court/Trial court shall be withdrawn in
terms of this compromise Petition.
6. The contents of the above Compromise Petition have been
readover and explained to both the parties in Kannada and
both the parties agree the contents of the same.
7. It is submitted that Appellant/wife and
Respondent/husband agree to withdraw all the allegations
made against each other.
8. It submitted that both the parties further agree that there
is no undue influence or coercion in entering into aforesaid
compromise and that they have entered into this
compromise with their own wish, will and volition."
4. As per the terms of the compromise petition, the
appellant-wife has agreed to receive a sum of Rs.15,00,000/-
towards permanent alimony to confirm the judgment which is
under appeal. The respondent hands over to the appellant a
Demand Draft, dated 27.11.2025, bearing No.755308, for a sum
of Rs.15,00,000/-, drawn on Canara Bank, Kerur Branch, Kerur,
Badami Taluk. The appellant acknowledges the receipt of the
aforesaid Demand Draft before this Court. Further, compromise
petition would indicate that alimony received by the appellant is
towards full and final settlement of all the claims, and it is also
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agreed that all the proceedings pending before the Family Court
or any other Court shall be withdrawn by either of the parties.
5. Learned counsel appearing for the parties would
submit that both the appellant and the respondent would
withdraw the allegations made against each other.
6. We are satisfied that the compromise entered into by
the parties is in accordance with law.
7. In terms of the compromise petition filed today
before the Court, the appeal stands disposed of confirming the
judgment dated 04.12.2023 in M.C. No.50/2017 passed by the
Senior Civil Judge and JMFC, Badami, dissolving the marriage
between the appellant and the respondent solemnised on
11.02.2000. The appeal stands disposed of in terms of the
compromise petition.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(GEETHA K.B.)
JUDGE
KMS, CT:VP
LIST NO.: 1 SL NO.: 46
