Karnataka High Court
Smt Anuradha W/O Srinivas Kalabhavi vs Sri Srinivas S/O Keshav Kalabhavi on 7 March, 2025
Author: S G Pandit
Bench: S G Pandit
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NC: 2025:KHC-D:4403-DB
MFA No. 103582 of 2024
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 07TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.103582 OF 2024 (FC)
BETWEEN:
SMT. ANURADHA W/O. SRINIVAS KALABHAVI,
AGE. 43 YEARS, OCC. DOCTOR,
R/O. 621, 2ND FLOOR, MANYA TOWER,
SDM QUARTERS, SDM MEDICAL HOSPITAL
CAMPUS, SATTUR, DHARWAD-580009.
...APPELLANT
(BY SRI VISHWANATH BICHAGATTI, ADVOCATE.)
AND:
SRI SRINIVAS S/O. KESHAV KALABHAVI,
AGE. 46 YEARS, OCC. DOCTOR (UROLOGIST),
NOW R/O. 621, 2ND FLOOR, MANYA TOWER,
SDM QUARTERS, SDM MEDICAL HOSPITAL
Digitally signed by CAMPUS, SATTUR, DHARWAD-580009.
MALLIKARJUN ...RESPONDENT
RUDRAYYA KALMATH
Location: HIGH COURT (BY SRI JAYAVANT KAMBALI AND ASHOK C. ANGADI, ADVOCATES.)
OF KARNATAKA
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 19(1) OF THE FAMILY COURTS ACT, 1984, PRAYING TO
SET ASIDE THE JUDGMENT AND DECREE DATED 31.07.2024,
PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT, DHARWAD, IN
M.C.NO.291/2023, IN THE INTEREST OF JUSTICE AND EQUITY AND
PASS THE ORDER REMANDING THE MATTER TO THE TRIAL COURT
FOR FRESH TRIAL IN ACCORDANCE WITH LAW AND ETC.,
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS
UNDER:
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NC: 2025:KHC-D:4403-DB
MFA No. 103582 of 2024
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
Appellant/wife is in appeal under Section 19(1) of the
Family Courts Act, 1984, questioning the judgment and decree
dated 31.07.2024 in M.C.No.291/2023, on the file of Principal
Judge, Family Court, Dharwad, wherein the petition filed by
respondent/husband under section 13(1)(ia) of the Hindu
Marriage Act, 1955, is allowed and the marriage between
appellant and respondent solemnized on 14.12.2006 is
dissolved.
2. Learned counsel Sri Vishwanath Bichagatti and the
appellant Dr.Anuradha as well as learned counsel Sri Jayavant
Kambali along with respondent Dr.Srinivas are present before
the Court.
3. Learned counsel appearing for the parties submit
that during the pendency of the appeal with the intervention of
the elders, they have entered into a compromise and
accordingly the compromise petition under Order 23 Rule 3 of
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CPC dated 07.03.2025 is filed today before the Court. The
compromise petition reads as follows:
COMPROMISE PETITION FILED UNDER ORDER
23 RULE 3 OF CPC
Herein, the Appellant and the Respondent
submit this compromise petition on the following
terms and conditions.
1. That, the Respondent herein had filed
the petition seeking divorce against his
Wife/Appellant on the files of Hon'ble Principal
Family Judge, Family Court, Dharwad bearing
M.C.No.291/2023, and same came to be decreed
ex-parte by its Judgment and decree dated
31.07.2024 and the Appellant herein being
aggrieved by the said Ex-parte Judgment and
Decree, preferred this Miscellaneous First Appeal
before this Hon'ble Court seeking to set aside the
above said Judgment and Decree and also prayed
to remand the matter for fresh trial in accordance
with law.
2. That, during the pendency of this
appeal, the Appellant and the Respondent have
mutually/ voluntarily agreed to settle the matter
amicably amidst themselves and accordingly on
their own will and wish, without force, coercion or
undue influence of anybody have agreed to
dissolve their marriage through mutual consent on
the following agreed terms and conditions:
a) That, there will be no relationship of
husband and wife between the parties and the
marriage solemnized between them dated:
14.12.2006 Shivsagar Party Hall, BHCS Layout,
BTM, 2nd Stage (near Jayadev Hospital),
Bannerghatta Road, Bangalore as per the Hindu
customs may please be declared as Dissolved
NC: 2025:KHC-D:4403-DB
permanently. That, the Appellant has agreed for
the Divorce on Mutual Consent of their marriage
from the Respondent solemnized between
herself/Appellant and the Respondent as
Dissolved.
b) That, the Respondent has agreed to
drop all the allegations alleged against the
Appellant made in M.C.No.291/2023 before the
Hon'ble Principal Family Judge, Family Court,
Dharwad, so also the Appellant withdraws the
allegations made against the Respondent in the
instant Miscellaneous First Appeal.
c) That, the couple are blessed with two
children, son by name Amogh 16 years old and a
daughter named Kriti 9 years old. The Respondent
undertakes to shoulder the entire expenses of
Daughter Kriti (Annual School fees, Bus fees,
extracurricular activities) which may come
approximate to Rs.80,000/- (Rupees Eighty
Thousand Only) per annum till her SSLC and
thereafter both, the couple shall undertake to
equally contribute for her further education. So far
as the son Amogh is concerned, both, the
Appellant and the Respondent shall equally share
the responsibility of his Annual School fees, Bus
fees, extracurricular activities. The custody of the
children shall vest with Wife/Appellant and the
Husband/Respondent shall have visiting rights as
per the convenience of the Couple and the
children.
d) There is a residential property standing
jointly in the name of Appellant and the
Respondent situated at HDMC limits, Sattur, Ward
No.21, HDMC No.21-100729-419 (old Number
21A/5392, HUDA P.No.2016, Site/House No. 2016
at Vanasirinagar which is on Bank loan and it is
mutually agreed that the remaining
loan/installment amount shall be fully repaid by
NC: 2025:KHC-D:4403-DB
Husband/Respondent. After the loan closure the
Respondent/Husband shall transfer his share of
right in the said house in favour of Wife/Appellant.
e) The Respondent shall pay the monthly
maintenances of Rs.60,000/-(Rupees Sixty
Thousand Only) (Rs.40,000/- from his account and
Rs.20,000/- from the rent accruing from the
residential house on or before 10th of every month
to the Wife/Appellant (in the absence of residential
house standing vacant that part of amount shall be
payable by the Husband/Respondent to the
Appellant) The Wife/Appellant is entitled with the
enhanced rental amount in future.
f) Pursuant to the Maintenance/
Permanent alimony settled herein above, duo shall
have no other claims as against each other of
whatsoever in nature present/future. In
furtherance of the said the Wife/Appellant
undertakes to withdraw her petition seeking
maintenance bearing No.Crl.Misc. 261/2024
pending on the files of Principal Family Court
Dharwad.
g) It is further agreed between the parties
that, on the dissolution of their marriage, the
couple are free to lead their respective lives as per
their will and wish. And either shall not interfere in
any manner in the future life of the other.
h) The marriage expenses of the kids will
be shared equally among both the parties.
i) The above Petition is filed by the Parties
herein on their own accord and there is no
collusion between the Parties herein.
WHEREFORE, the Appellant and Respondent
most humbly pray that, the Hon'ble Court may be
pleased:
a) To allow the Compromise Petition.
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b) Set aside the Ex-Parte Judgment and
Decree dated 31.07.2024 passed by the Hon'ble
Principal Family Judge, Family Court, Dharwad in
M.C.No.291/2023 and pass the decree of Divorce
by mutual consent.
4. In the above compromise petition the parties have
mutually agreed to withdraw the allegations made against each
other. The appellant as well as respondent have agreed to
withdraw the cases pending against them in various Courts.
5. It is stated that both the appellant and respondent
from their marriage have two children i.e., son by name
Amogh, aged 16 years and daughter by name Kriti, aged 09
years. Further, it also indicates that the appellant/wife would be
entitled for maintenance of Rs.60,000/- per month and the
respondent/husband would take care of daughter Kriti by
paying annual school fees, bus fees, etc., till completion of her
SSLC. Thereafter, it is agreed that both the couple shall take
responsibility equally contributing towards further education of
the daughter and as well as the son Amogh.
6. It is also agreed between the parties that custody of
the children shall be with the appellant/wife and the
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respondent/husband has visiting rights as per convenience of
the couple and the children.
7. The respondent husband also agreed to transfer the
residential property situated in HDMC limits, Sattur, Ward
No.21, HDMC No.21-100729-419 (Old No.21A/5392, HUDA
P.No.2016, Site/House No.2016 at Vanasirinagar) in favour of
the appellant/wife and he would also clear the housing loan
dues.
8. The terms of compromise is placed on record. The
appeal stands disposed of in terms of the compromise. The
judgment and decree dated 31.07.2024 in M.C.No.291/2023
passed by the Principal Judge, Family Court, Dharwad, is
confirmed in terms of the compromise.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(C.M. POONACHA)
JUDGE
MRK
CT: UMD.
