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2022 Supreme(Online)(Kar) 47329

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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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