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Shivasharanappa S/O Late … vs Annapoorna W/O Shivasharanappa on 25 September, 2018

IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

DATED THIS THE 25 T H DAY OF SEPTEMBER, 2018

PRESENT

THE HON’BLE MR.JUSTICE B.VEERAPPA
AND
THE HON’BLE MR.JUSTICE H.T. NARENDRA PRASAD

M.F.A.NO.101381/2016 (FC)
BETWEEN:

SHIVASHARANAPPA,
S/O LATE VERABHADRAPPA,
AGE : 35 YEARS, R/O 308,
SAI PATAM TOWERS, 17/1A,
3 R D MAIN ROAD, HA FARM POST,
COFFEE BOARD LAYOUT,
BENGALURU-560024.
… APPELLANT
(BY SRI NAGARAJ C KOLLOORI, ADVOCATE)

AND :

ANNAPOORNA W/O SHIVASHARANAPPA,
D/O THIPPESWAMY, AGED : 30 YEARS,
R/O 171B, AISHWARYA COLONY,
NEAR ASHIRVAD SCHOOL,
OPP: RTO CONTONMENT,
BALLARI- 583101.
… RESPONDENT
(BY SMT.JYOTI P DESAI, ADVOCATE )

THIS MISCELLANEOUS FIRST APPEAL IS FILED
UNDER SECTION 19(1) OF THE FAMILY COURTS ACT
PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
PASSED IN M.C.NO.159/2015 DATED 1 S T MARCH 2016
ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT,
BALLARI BY ALLOWING THE APPEAL IN THE INTEREST
OF JUSTICE.

THIS APPEAL COMING ON FOR ORDERS THIS DAY,
B.VEERAPPA J., DELIVERED THE FOLLOWING:
:2:

JUDGMENT

The present appeal is filed by the appellant-

husband against the judgment and decree dated

01.03.2016 made in M.C.No.159/2015 allowing the

petition filed by the respondent-wife under the

provisions of Section 9 of the Hindu Marriage Act.

2. When the matter is posted today for

orders, the learned counsel for the parties filed a

compromise petition under Order XXIII Rule 3 of the

Code of Civil Procedure, duly signed by both the

appellant-husband and respondent-wife and their

respective counsel which reads as under :

“3) Whereas at the intervention of this Hon’ble
Court the Appellant and the Respondent have
settled the dispute between them amicably.
Accordingly they have filed the present joint
compromise petition voluntarily on the
following terms:

a) The respondent herein has filed the MC No
159/2015 before the Principal Judge Family
Court, Ballari and the Hon’ble Court was
pleased to allow the petition and directed the
appellant herein to take back the respondent to
his house. Against the said decree the present
appeal is filed. During the pendency of this
:3:

appeal at the intervention well wishers and
elder persons the dispute is settled between
the parties. As per the settlement the appellant
is ready to take back the respondent and
respondent has also agreed for the same.

b) The appellant herein is ready to withdraw the
MC No.3068/2015 filed decree of divorce
petition under Section 13(i-a) and 13(i)(b) of
the Hindu Marriage Act-1955 before the
Hon’ble Court of the Principal Judge, Family
Court at Bangaluru.

c) The respondent herein has agreed to withdraw
the Execution Petition No.14/2016 pending
before the Family Court at Ballari for
attachment of movable property of the
appellant herein.

d) The respondent and the appellant herein have
ready to withdraw the all petitions where they
have filed stand dissolved in view of present
compromise petition.

E) The respondent is ready to live with the
appellant properly as a dutiful wife and agree
not to harass the appellant for one or the other
reasons.

The above compromise petition is filed by
both appellant and respondent out of their free
will and wish without any undue influence or force
by any person. The terms of the above compromise
petition is read over to the appellant and
respondent in the Kannada language known to
them. The appellant and respondent have
:4:

understood the terms of compromise and out of
free will have signed the present compromise
petition.

Wherefore, in view of the settlement arrived
between the parties the Judgment and Decree
dated 01.03.2016 passed in M.C. No.159/2016 by
the Principal Judge, Family Court, at Ballari may
kindly be set aside and dispose of the above
appeal in terms of this compromise petition in the
interest of justice and equity.

Place : Dharwad
Date : 25.09.2018
Sd/-

Appellant
(Shivasharanappa S/o Late Veerabhadrappa)

Sd/-

Advocate for Appellant
Nagaraj C Kolloori
Sd/-

Respondent
(Smt.Annapoorna W/o Shivasharanappa)

Sd/-

Advocate for Respondent
Smt.Jyothi P Desai”

3. In terms of the compromise petition, the

appellant-husband is ready to withdraw

M.C.No.3068/2015 filed for decree of divorce under

Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage

Act before the Principal Judge, Family Court,

Bengaluru. The respondent-wife has also agreed to
:5:

withdraw Execution Petition No.14/2016 pending

before the Family Court, Ballari for attachment of

movable property of the appellant-husband.

4. Both the appellant-husband and

respondent-wife have agreed to withdraw all the

petitions where they have filed which stand

dissolved in view of the present compromise

petition.

5. The respondent-wife is ready to live with

the appellant-husband as a dutiful wife and agreed

not to harass the appellant for one or the other

reasons.

6. The compromise petition is filed by both

the appellant-husband and respondent-wife, out of

their free will and wish without any undue influence

or force by any person.

7. Sri Shivasharanappa-appellant has agreed

voluntarily and singed the compromise petition in

presence of his counsel Sri Nagaraj C.Kolloori.
:6:

Smt.Annapoorna-respondent though signed the

compromise petition, expressed her apprehension

that the appellant may not come to the house. If

such things happened and the appellant is failed to

perform his part of terms and conditions of the

compromise petition, it is always open for the

respondent-wife to file an application to revive this

order.

8. With the above observations, the

miscellaneous first appeal is disposed of in terms of

the compromise petition reserving liberty to the

respondent-wife as stated supra.

Sd/-

JUDGE

Sd/-

JUDGE

EM

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