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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 12^TH DAY OF JULY 2021

PRESENT

THE HON’BLE MR.JUSTICE S.G.PANDIT

AND

THE HON’BLE MR.JUSTICE M.G.S.KAMAL

M.F.A. NO.201826/2015 (FC)

BETWEEN:

Smt.Nirmala W/o.Prakash Padashetti

Age: 26 years, Occ:Household work

R/o.Yogapur Colony,

Sindagi bypass Road

Vijayapur-586 103. ... Appellant

(By Sri Biradar Viranagouda, Advocate)

AND:

Sri.Prakash S/o.Girimallappa Padashetti

Age:39 years, Occ: Service in KEB

R/o.(KEB) HESCOM Office

Sindagi, Dist.Vijayapur-586 128. ... Respondent

(By Sri Sudarshan M, Advocate)

This Miscellaneous First Appeal is filed under Section

19(1) of the Family Courts Act, 1984 praying to allow this

appeal by setting aside the judgment and decree dated

13.11.2015 passed by the Judge, Family Court at Vijayapur

in

M.C.No.187/2014

and

consequently

dismiss

the

M.C.No.187/2014 with costs throughout.

This Miscellaneous First Appeal is coming on for Final

Hearing this day, S.G.Pandit J., delivered the following:

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JUDGMENT

This appeal is filed by the wife under Section 19(1) of

the Family Courts Act, 1984 assailing the judgment and

decree dated 13.11.2015 passed by the Judge, Family Court

at Vijayapura in M.C.No.187/2014 allowing the petition filed

by the respondent/Husband under Section 13(1),(i-a) and (i-

b) of the of Hindu Marriage Act, 1955 dissolving the marriage

of the appellant and respondent.

2.

Heard the learned counsel appearing for the appellant

Sri.Biradar Viranagouda and the learned counsel appearing

for the respondent Sri.Sudarshan M.

3.

The

appellant

Smt.Nirmala

and

respondent

Sri.Prakash Padashetti along with their Ward Kum.Shanta

are present before the Court.

4.

Learned counsel for both the parties submit that

during the pendency of the appeal, at the intervention of the

well-wishers, friends and relatives, both parties have arrived

at a settlement and they have filed compromise petition

under Order XXIII Rule 3 of the Code of Civil Procedure,

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1908. It is stated that, today the respondent-Husband paid

a sum of Rs.1,38,000/- (Rupees one lakh thirty eight

thousand only) towards arrears of maintenance which was

due by the Husband and the same is acknowledged by the

appellant-Wife. The respondent-Husband has agreed to

transfer the house property bearing Sy.No.33A-2/116A/Plot

Nos.31 + 32 in the joint name of the appellant and daughter

Kum.Shanta and also to pay a sum of Rs.5,00,000/-

(Rupees five lakhs only) through a D.D. bearing No.348591

dated 12.07.2021. It is also agreed that property would be

transferred in the name of the appellant-wife and daughter-

Kum.Shanta within a period of three months from today.

5.

The terms and conditions of the compromise petition

reads as follows:

“(1) Both the parties agree and accept that

as per the impugned judgment dated 13.11.2015

passed

in

M.C.No.187/2014,

the

marriage

between

the

Appellant

and

Respondent

solemnized on 24.02.2008 at KEB Samudaya

Bhavan, Bagalkot Road, Vijayapur has been

dissolved. Either parties are at liberty to marry of

their own choice from today onwards.

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(2) Permanent Alimony of House Property

bearing Sy.No.33A-2/116A/Plot No.31 + 32 along

with Rs.5,00,000/- (Rupees Five Lakhs only),

towards both the Appellant/Wife and Daughter-

Shanta and the said Rs.5,00,000/- (Rupees Five

Lakhs only) shall be kept in FD in favour of Minor

Daughter Shanta till she attains the majority, and

accordingly the respondent-husband has handed

over

the

D.D.

bearing

No.348591

dated

12.07.2021 issued by SBI Bank, High Court of

Karnataka, Kalaburagi Bench towards the final

settlement and also arrears of maintenance, the

same has been acknowledged by the appellant

wife along with daughter.

(3) The respondent-husband is duty bound

to transfer the above said house property in

favour of appellant-wife within three months from

today with