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2024 Supreme(Online)(KAR) 38899
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF DECEMBER, 2024 PRESENT THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 103923 OF 2023 (MC)
BETWEEN:
RAJESH S/O. VERANNA AMATEKOPPA, AGED ABOUT 37 YEARS, OCC: ENGINEER, R/O. PLOT NO.20, GURUKRUPA, NADAGOUDA LAYOUT, VIDYA NAGAR, HUBBALLI, 580021, TQ. HUBBALLI, DIST. DHARWAD.
…APPELLANT (BY SRI. ARAVIND D. KULKARNI, ADVOCATE)
AND:
SMT. SAVITRI W/O. RAJESH AMATEKOPPA, AGED ABOUT 33 YEARS, OCC: SOFTWARE ENGINEER, C/O. V. B. KENCHANGOUDAR, BEHIND FCI GODOWN, BHAIRIDEVERKOPPA, SADASHIVANAND NAGAR, HUBBALLI-580025, Digitally signed by JAGADISH T R DIST. DHARWAD, ALSO RESIDING AT:
Location: HIGH SMT. SAVITRI W/O. RAJESH AMATEKOPPA, COURT OF KARNATAKA AGED ABOUT 33 YEARS, OCC: SOFTWARE ENGINEER, DHARWAD BENCH D/O. NAGARAJ BASAVANNEPPA GOUDS, ANDAGI VILLAGE-581318, SIRSI TALUK, DIST. U. K.
…RESPONDENT (BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)
THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT ACT
1984, PRAYING TO ALLOW THIS APPEAL, SET ASIDE THE JUDGMENT AND DECREE DATED 27.07.2023 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT AT HUBBALLI, IN M.C. NO.346/2021 AND ALLOW THE PETITION FILED BY THE APPELLANT U/SEC. 13(1)(i-a) OF THE HINDU MARRIAGE ACT, 1956 AND DISSOLVE THE MARRIAGE BETWEEN APPELLANT AND RESPONDENT, IN THE INTEREST OF JUSTICE AND EQUITY.
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
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)
This appeal is filed by the husband challenging the judgment and decree dated 27.07.2023 passed by the Principal Judge, Family Court, Hubballi in M.C. No.346/2021, whereby the petition filed by husband for divorce under Section 13(1)(i-
a) of the Hindu Marriage Act, 1955 is rejected.
2. After service of notice in this appeal, the respondent represented through her counsel. This Court by order dated 04.11.2024 referred the matter to the Mediation Centre, High Court of Karnataka, Dharwad Bench, Dharwad and the parties before the Mediation Centre have settled the matter and they have agreed for dissolution of marriage. Accordingly, they have filed compromise petition under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007.
3. The parties are present before the Court. They have been identified by their respective counsels. The parties submit that they have gone through the compromise petition and they have agreed for dissolution of marriage. The terms of the compromise petition are extracted below:
1. That both the parties have agreed to dissolve their marriage performed on 30-11-2017 by mutual consent.
2. In view of difference of opinion between the parties there are cases and counter cases filed against each other. However, by the intervention of elders, family members and friends the dispute between the parties has now been settled in the following terms;
3. The cases filed by the Respondent-wife against the Appellant is as under;
4. The Respondent has filed CC.No.3479/2021 pending on the file of III Addl. Civil Judge and JMFC, Hubballi, against the Appellant for the offences punishable under Section 498A, 323 & 504 of the IPC. Challenging the same the appellant herein has filed a Criminal Petition No. 101645/2021 seeking for Quashing of the entire proceedings in CC No.3479/2021, filed by the Appellant husband, wherein stay has been granted on 04-03-2022 by this Hon'ble Court.
5. The Respondent herein, has filed Crl. Misc.
No.410/2023 pending on the file of Principal Family Court Hubbali, seeking for recovery of the arrears of maintanance. Where in the Appellant herein deposited 20,000 rupees, the Trial Court has already ordered to be released in favour of the Respondent herein. The Appellant has no objection for the same. Respondent Wife has agreed to withdraw the Crl.Misc. No.410/2023, pending on the file of Principal Family Court Hubbali.
6. Respondent herein has initiated RPFC.
No.100156/2024, seeking for enhancement of maintenance. Respondent has agreed to withdraw the same.
7. The cases filed by the husband/Appellant against the respondent-wife is as under.
8. In the RPFC No. 100237/2023 preferred by the Appellant challenging the order passed in Crl.Misc. No.233/2021, by the Principal Judge Family Court Hubballi, Respondent has agreed for allowing the said RPFC by quashing the order Impugned therein i.e. Order dtd: 12.10.2023 in Crl.Misc. No.233/2021, by the Principal Judge Family Court Hubballi.
9. The Husband Appellant has filed M.C.No. 346/2021 before the Principal Judge Family Court hubballi for Divorce, which came to the dismissed V/o dtd: 27.07.2023. Against the said judgment and Decree, this Appellant has preferred M.F.A.No. 103923/2023 before this Hon'ble Court which is also pending for consideration.
10. In view of the settlement of differences between the parties, the parties have settled the dispute in the following terms:
11. The Appellant-husband and Respondent-wife have agreed to withdraw all the allegations made against each other and both have agreed to dissolve the marriage dated 30-11-2017 by mutual consent in the pending MFA No. 103923/2023.
12. The Respondent-wife has agreed to consent for quashing of the proceedings in C.C.No.3479/2021 against the Appellant in Crl.Pet.No. 101645/2021.
13. The Appellant-Husband has agreed to pay a sum of Rs. 15,00,000(Rupees Fifteen Lakhs Only) towar
