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MFA No. 100131 of 2021
C/w. MFA No.100132/2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 27th DAY OF MAY, 2022
PRESENT
THE HON'BLE MR JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR JUSTICE P.KRISHNA BHAT
MFA NO. 100131 OF 2021 (MC)
C/W
MFA NO. 100132 OF 2021 (MC)
IN MFA NO.100131/2021
BETWEEN:
VINAYAK S/O NAGAPPA ANTANNAVAR
AGED 30 YEARS, OCC NIL,
R/O YARAGATTI, TQ SAUNDATTI,
DIST BELAGAVI-591126.
&PETITIONER
(BY SRI. G R TURAMARI, ADVOCATE)
AND:
SMT. SAVITA BHUVANESHWAR W/O VINAYAK
ANTANNAVAR
AGED 28 YEARS,
OCC HOUSEHOLD WORK,
R/O C/O GURAPPA VEERAPPA HOSAKOTI
ADAKALGUNDI ONI, YARAGATTI,
TQ SAUNDATTI,
DIST BELAGAVI-591126.
&RESPONDENT
(BY SRI. SHRIHARSHA A. NEELOPANT, ADVOCATE)
JAGADISH
T R
Digitally
signed by
JAGADISH T
R
Location:
DHARWAD
Date:
2022.05.31
11:08:13
+0530
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MFA No. 100131 of 2021
C/w. MFA No.100132/2021
THIS MFA IS FILED U/S.28(1) OF THE HINDU MARRIAGE ACT,
1955, PRAYING TO ALLOW THIS APPEAL, SET ASIDE THE
JUDGEMENT AND AWARD DATED.21.10.2019, PASSED BY THE
COURT OF SENIOR CIVIL JUDGE, SAUNDATTI IN M.C.NO.57/2017, IN
THE INTEREST OF JUSTICE AND EQUITY.
IN MFA NO.100132/2021
BETWEEN:
VINAYAK S/O NAGAPPA ANTANNAVAR
AGED 30 YEARS, OCC NIL,
R/O YARAGATTI, TQ SAUNDATTI,
DIST BELAGAVI-591126.
&PETITIONER
(BY SRI. G R TURAMARI, ADVOCATE)
AND:
SMT. SAVITA BHUVANESHWAR W/O VINAYAK
ANTANNAVAR, AGED 28 YEARS, OCC HOUSEHOLD WORK,
R/O C/O GURAPPA VEERAPPA HOSAKOTI
ADAKALGUNDI ONI, YARAGATTI,
TQ SAUNDATTI, DIST BELAGAVI-591126.
&RESPONDENT
(BY SRI. SHRIHARSHA A. NEELOPANT, ADVOCATE)
THIS MFA IS FILED U/S.28(1) OF THE HINDU MARRIAGE ACT,
1955, PRAYING TO ALLOW THIS APPEAL, SET ASIDE THE
JUDGEMENT AND AWARD DATED.21.10.2019, PASSED BY THE
COURT OF SENIOR CIVIL JUDGE, SAUNDATTI IN M.C.NO.22/2016, IN
THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS COMING ON FOR ORDERS THIS DAY,
KRISHNA S. DIXIT, J, DELIVERED THE FOLLOWING:
Both these appeals are filed by the husband. In MFA
No.100131/2021 he lays a challenge to the rejection of his
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divorce petition. In the companion appeal in MFA
No.100132/2021, he lays a challenge to the decree for
restitution of conjugal rights obtained by the respondent-
wife. This estranged couple now has entered into an
amicable settlement with certain terms and to that effect a
compromise petition dated 27.05.2022 signed by the
parties and their respective Advocates is presented before
this Court.
II.
The terms of the compromise petition read as
under:
<1.
That the appellant and respondent have
amicably agreed to dissolve the marriage that has been
taken place between them on 11.05.2011 by decree of
divorce.
2.
The
appellant
herein
has
paid
Rs.15,00,000/- vide D.D.No.681726 drawn on Canara
Bank, Yaragatti Branch, Yaragatti dated 26.05.2022 and
Rs.3,00,000/-
by
way
of
cash
today
(in
total
Rs.18,00,000/- permanent alimony), in lieu of full and
final settlement towards permanent alimony to the
respondent/wife. The respondent/wife has accepted the
same for her life maintenance. As the respondent, has no
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claims of maintenance, alimony or similar or any other
claims of any nature against the appellant and/or any of
his assets at either present or that may be acquired by
him in future and all claims of any nature shall stand
fully and finally settled. The respondent has agreed on
receipt of the above said sum not to institute any case or
claim
as
against
the
appellant
in
future
seeks
maintenance or any share in the properties of the
appellant.
3.
The respondent by virtue of the settlement
agrees that she will not claim any share in the property
belonging to the appellant and also will not claim any
benefits accrued under insurance policies and other
investments of the appellant in any financial institutions.
4.
The appellant and respondent confirm that
they have no claims of any nature in relation to or in
respect of any or all of their belongings, jewelry, gold
and silver articles and also other valuables against each
other and all claims relating thereto have been
satisfactorily and finally resolved.
5.
The appellant and respondent agreed to
ensure that either they or their family members will not
interfere in each other personal, property either ancestral
or self acquired and professional life in future and will
endeavor cordiality in future.
6.
The appellant and respondent herein have
undertaken not to file any case against each other with
regard to the subject matters in question.
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7.
The appellant and respondent have agreed
that
the
marital
tie
between
the
appellant
and
respondent has come to an end as per the present
compromise petition and the marriage taken place
between the appellant and respondent on 11.05.2011
stand dissolved.
8.
The respondent forthwith has surrendered
her right, title and interest of whatsoever nature and
accordingly she will not raise any dispute before any
court or authority.
9.
The above settlement arrived at between
the appellant and respondent is with free will, wish and
free consent of the appellant and respondent without any
force, coercion and undue influence made against each
other. The contents of the present settlement have been
read over to the appellant and respondent in the
language known to them and have clearly understood
the contents of present settlement and have amicably
with free consent put their signatures on the present
compromise petition.
10.
In view of the above compromise petition
and above appeal may be disposed off and the decree
may be drawn accordingly in the ends of justice and
equity.=
III. We have carefully perused the terms and
conditions incorporated in the compromise petition. We
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have also interacted with the parties. The father of the
Smt. Savita the wife is also present before us. The
contents of the petition coupled with the submissions at
the Bar and interaction with the parties impress us that
the settlement is bonafide.
IV.
In
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