Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services — Free for one month.

Karnataka High Court

Smt.Laxmibai Alias Laxmi W/O Morteppa … vs Moorteppa S/O Ramappa Doddamani on 19 February, 2024

Author: S G Pandit

Bench: S G Pandit

-1-
NC: 2024:KHC-D:3905-DB
MFA No. 100501 of 2021

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 19TH DAY OF FEBRUARY, 2024

PRESENT
THE HON’BLE MR JUSTICE S G PANDIT
AND
THE HON’BLE MR JUSTICE K V ARAVIND
MISCELLANEOUS FIRST APPEAL NO. 100501 OF 2021
(GW)
BETWEEN:

SMT. LAXMIBAI @ LAXMI,
W/O. MOORTEPPA DODDAMANI,
AGE: 32 YEARS, OCC: HOUSEHOLD,
R/O. C/O. H. N. KARETIMMANANAVAR,
HARALAYYA NAGAR, RANEBENNUR-581115.
…APPELLANT
(BY SRI. N. G. RASALKAR, ADVOCATE)

AND:

MOORTEPPA S/O. RAMAPPA DODDAMANI,
AGE: 41 YEARS,
OCC: P. C. IN FIRE DEPARTMENT,
R/O. MUDHOL, TQ: MUDHOL-587313,
Digitally signed by
CHANDRASHEKAR DIST: BAGALKOT.
LAXMAN
KATTIMANI …RESPONDENT
Date: 2024.02.22
18:05:32 +0530 (BY SRI. PAVAN B. DODDATTI, ADVOCATE)

THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.47 OF
GUARDIANS AND WARDS ACT, 1890, PRAYING TO SET ASIDE THE
JUDGMENT AND ORDER DATED 24.02.2021, IN G W.C
NO.19/2017, PASSED BY THE COURT OF PRL SENIOR CIVIL JUDGE
AND JMFC, MUDHOL, AT: MUDHOL, DIST: BAGALKOT AND DISMISS
G W.C 19/2017 WITH EXEMPLARY COSTS IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.

THIS
APPEAL, COMING ON FOR ORDERS, THIS DAY,
S G PANDIT, J., DELIVERED THE FOLLOWING:
-2-
NC: 2024:KHC-D:3905-DB
MFA No. 100501 of 2021

JUDGMENT

Heard learned counsel Sri N.G.Rasalkar for the

appellant and learned counsel Sri Pavan B.Doddatti for

respondent. Both appellant and respondent are present

before the Court, they are identified by their respective

learned counsels.

2. This appeal is filed u/sec.47 of the Guardian and

Wards Act, 1890 questioning the correctness and legality of

judgment dated 24.02.2021 in G W.C.No.19/2017 on the

file of Principal Senior Civil Judge and J.M.F.C., Mudhol,

wherein the petition filed by respondent-husband u/sec.6(2)

of Minority and Guardianship Act, 1956 was allowed directing

the appellant herein to handover the custody of minor son

Ramesh to the respondent-husband with liberty to meet her

son on alternative Sundays between 9.00 a.m. to 5 p.m.

3. This Court by order dated 29.11.2023 nominated

Sri G.K.Hiregoudar, learned counsel as mediator to explore

the possibility of settlement. The parties have arrived at

settlement and terms of compromise reads as under:
-3-

NC: 2024:KHC-D:3905-DB
MFA No. 100501 of 2021

“7) Further, in the amicable settlement arrived it is
also agreed by both the Appellant wife and the
Respondent Husband that the Respondent husband
has agreed to pay an amount of Rs.11,00,000
(Rupees Eleven lakhs only) towards full and final
settlement between the parties and out of
Rs.11,00,000 payable, an amount of Rs.6,00,000
(Rupees Six lakhs) will be kept in Fixed Deposits in
the name of both children, k namely Chi.Ramesh
and Chi.Rashmi, i.e, Rs.3,00,000 each and the
balance of amount of Rs.5,00,000 shall be paid and
be ordered to be released in favour of the
Appellant/wife towards her share in view of full and
final settlement of disputes. It was also agreed that
the FD of Rs. 1,00,000 (Rupees one lakhs) in
addition to the above Rs.11 lakhs already deposited
as FD in terms of the interim order passed by this
Hon’ble Court in Criminal Petition No.100063 of 2019
shall be continued to be in FD with sole nominee
being the Appellant/Wife only and it is in addition the
above amount of Rs.11,00,000 and the Appellant
wife has to be ordered to withdraw the interest
accrued thereon for the maintenance of children.

8) It I submitted that the in the event of
Respondent/Husband in view of settlement between
the parties is depositing an amount of Rs.5,00,000
(Rupees Five lakhs) today in the form of DD bearing
No.447805 drawn on the State Bank of India, High
-4-
NC: 2024:KHC-D:3905-DB
MFA No. 100501 of 2021

Court Bench, Dharwad dated 12.02.2024 in the
Appellant wife namely Smt. Laxmibai W/o.

Moorteppa Dodamani, she can encash the same and
it is undertaken by the Respondent Husband that he
shall deposit the balance amount of Rs.6,00,000
(Rupees Six Lakhs) in this Hon’ble Court within a
period of FOUR MONTHS from the date of the order
of this Hon’ble Court.

9) Under these circumstances, it is prayed that
this Hon’ble Court may be pleased to allow the
appeal of the Appellant wife in MFA NO.100506 of
2021 (G W) and further pleased to allow the
application permitting the Appellant wife to
compromise the proceedings being Natural Guardian
of their Minor Children namely Chi. Ramesh S/o.
Murteppa Doddamani and Chi. Rashmi D/o.
Murteppa Doddamani, in the interest of justice and
equity.”

4. We appreciate the mediation of Sri

G.K.Hiregoudar, learned counsel.

5. The parties have agreed to withdraw all the

pending cases against each other except M.C.No.2/2018

pending before the Senior Civil Judge and J.M.F.C., Mudhol

seeking dissolution of marriage.

-5-

NC: 2024:KHC-D:3905-DB
MFA No. 100501 of 2021

6. The respondent-husband today hands over a D.D.

for Rs.5,00,000/- bearing No.447805 dated 12.02.2024

drawn on State Bank of India to the appellant-wife, and

further undertakes to deposit Rs.6,00,000/- in the name of

minor children i.e. Rs.3,00,000/- each in the name of

Ramesh and Rashmi, children of the appellant and

respondent, within a period of four months from today.

Further, it is stated that Rs.1,00,000/- is already kept in

fixed deposit in terms of the order in Criminal Appeal

No.100063/2019 and the same shall continue in the name of

the children. The parties have agreed that if there is failure

on the part of any of the party in fulfilling the conditions of

terms, the parties are at liberty to approach the Court

asserting the failure on the part of either of the parties to the

litigation.

7. The terms and conditions of compromise are in

accordance with law and we are satisfied that the terms and

conditions are in the interest of the parties.
-6-

NC: 2024:KHC-D:3905-DB
MFA No. 100501 of 2021

8. Recording the terms and conditions and in terms

of the compromise arrived at by the parties in the mediation,

the present appeal stands disposed off.

Sd/-

JUDGE

Sd/-

JUDGE

CLK
List No.: 1 Sl No.: 0