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MFA No. 103040 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF APRIL, 2022
PRESENT
THE HON'BLE MR JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
M.F.A. NO. 103040 OF 2014 (MC)
BETWEEN:
ROOPA @ KASHIBAI W/O GURUSANGAPPA UNKI,
AGED ABOUT: 41 YEARS, OCC: HOUSE HOLD,
C/O GURUSANGAPPA MAHATAPPA LALA,
R/O GULEDAGUDDA, TAL: BADAMI, DIST: BAGALKOT.
…APPELLANT
(BY SRI. H.R. KAMBIYAVAR, ADVOCATE)
AND:
GURUSANGAPPA S/O SHANKRAPPA UNKI,
AGED ABOUT 51 YEARS, OCC: PRIMARY SCHOOL
TEACHER, BANKAPUR, R/O.BANKAPUR,
TAL: SHIGGOAN, DIST: HAVERI.
…RESPONDENT
(BY SRI. B. CHIDANAND, ADVOCATE)
THIS M.F.A. IS FILED U/S 28 OF HINDU MARRIAGE
ACT,1955, AGAINST THE JUDGMENT AND DECREE DATED:
18.08.2014 PASSED IN M.C.NO.8/2012 ON THE FILE OF PRL.
SENIOR CIVIL JUDGE & CJM, HAVERI ALLOWING THE PETITION
FILED U/S.9 OF HINDU MARRIAGE ACT.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, K.S.
HEMALEKHA J., DELIVERED THE FOLLOWING:
JAGADISH
T R
Digitally signed by
JAGADISH T R
Location: High Court of
Karnataka, Dharwad
Bench Dharwad.
Date: 2022.04.22 15:53:28
+0530
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MFA No. 103040 of 2014
The present appeal is preferred by the wife assailing the
judgment and decree dated 18.08.2014 in MC No.8/2012 on
the file of the learned Principal Senior Civil Judge & CJM,
Haveri, whereby the petition filed by the husband and under
Section 9 of the Hindu Marriage Act, 1955 (for short, ‘Act’)
has been allowed.
2.
During the pendency of the appeal, the matter
was referred to the Mediation Centre, High Court of
Karnataka, Dharwad Bench. It appears that though the
parties were willing to settle the issue but could not arrive at
consensus settlement and matter was referred back to this
Court.
3.
After hearing the matter for sometime at the
request of learned counsel for the parties, the matter was
adjourned to explore the possibility of amicable settlement.
Subsequently, the dispute came to be settled with the
intervention of well-wishers and the counsel for both the
parties.
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4.
Though the present appeal is directed against the
granting of restitution of conjugal rights, the parties have
filed memorandum of petition under Section 13B(1) of the
Act seeking for divorce by mutual consent and the same is
accepted in view of the pendency of the dispute since 2012
and to resolve the dispute between the parties and the
petition filed under Section 13B(1) of the Act be treated as
petition filed under Section 23 of the Act.
5.
The terms of the said memorandum of petition
are as under:
ii)
Due
to
irreconcilable
differences
and
Incompatibility of temperaments, the petitioners
have been living separately from 14-12-2011 i.e.
more than ten years. The efforts made by elders,
friends and well wishers to resolve the differences
between the Petitioners herein did not yield any
fruits. There are absolutely no chances of reunion
amongst them. Hence, the Petitioners have
decided to get the marriage between them be
dissolved by a decree of divorce mutually.
iii)
The Petitioner No:1 i.e. Smt. Roopa @ Kashibai
has agreed/consented to receive a sum of
Rs.5,50,000/
(Rupees
Five Lakhs
and Fifty
thousand) towards permanent alimony for full and
final settlement in lieu of maintenance in the
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case. The Petitioner No:2 has paid the said
amount of Rs.5,50,000/- by way of Demand Draft
bearing No:155358, dated:13-04-2022, drawn on
Canara Bank, Shiggaon. The Petitioner No:1
further agreed that, here afterwards she will not
claim any maintenance, any share or right over
the Immovable properties either in the self
acquired
or
ancestral
properties,
in
salary,
pension amount, amount in S.B.A/C, Retirement
benefits like DCRG, FBF, Gratuity, compassionate
appointment & further agreed that, no case would
be filed by her in future claiming any amount or
share in the above said benefits.
iv)
The 1st Petitioner has also agreed that, she is the
guardian for minor child-Nagarathana and she will
take care of and look after minor daughter and
the said daughter would be in her custody and
she has agreed before this court that, she will not
claim any amount in future on behalf of her minor
daughter
towards
maintenance,
educational
expenses, marriage expenses, any share in the
property or right over the Immovable properties
either in the self acquired or ancestral properties,
in salary, pension amount, amount In S.B.A/C,
Retirement benefits like DCRG, FBF, Gratuity,
compassionate appointment & further agreed
that, no case would be filed by her or by her
daughter in future claiming any amount from the
Petitioner No:1. The 2nd Petitioner has agreed to
pay a sum of Rs.5,50,000/- (Rupees Five Lakhs &
fifty thousand only) towards permanent alimony
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for her daughter as full and final settlement in lieu
of her maintenance and the said amount would be
kept in F.D. in minor daughter's name I.e.
Kumari. Nagarathna Gurusangappa Uniki, for a
period of Ten Years. Today the 2nd Petitioner has
handed over the F.D. receipt bearing No: 561642,
Dated:13-04-2022,
kept
in
Canara
Bank,
Shiggaon, for Rs.5,50,000/- to the 1st Petitioner
in the open court. The Minor daughter Kuma