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2025 DAILYLAW 11629 (KAR)

SANGEETA W/O MANJUNATH HIREMATH v. MANJUNATH S/O BASAVARAJ HIEMATH

MFA/202267/2022 · 2025-04-16

K Natarajan, Vijaykumar A Patil

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- 1 - NC: 2025:KHC-K:2355-DB MFA No. 202267 of 2022 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 16TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR JUSTICE K NATARAJAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL MISCL. FIRST APPEAL NO. 202267 OF 2022 (G&WC) BETWEEN: SMT SANGEETA W/O MANJUNATH HIREMATH AGED ABOUT 36 YEARS, OCC: PRIVATE TEACHER / HOUSEHOLD, R/O KUMBAR GALLI, TQ. JAMAKHANDI, DIST: BAGALKOT – 587301. …APPELLANT (BY SRI S S MAMADAPUR, ADVOCATE) AND: SRI MANJUNATH S/O BASAVARAJ HIREMATH AGED ABOUT 30 YEARS, OCC: ADVOCATE, R/O MASKI, TQ. LINGASUGUR, DIST: RAICHUR – 584124. …RESPONDENT (BY SRI MAHANTESH PATIL, ADVOCATE) THIS MFA IS FILED UNDER SECTION 47 OF GUARDIANS AND WARDS ACT, PRAYING TO SET ASIDE THE ORDER DATED 01-02-2020 PASSED BY THE HONOURABLE SENIOR CIVIL JUDGE AND JMFC, LINGASUGUR IN G AND W NO.4/2015. THIS APPEAL, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2355-DB MFA No. 202267 of 2022 CORAM: HON'BLE MR JUSTICE K NATARAJAN AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed seeking following prayer: “Wherefore, the appellant humbly prays that the Hon’ble Court may kindly be pleased to set aside the order dated 01-02-2020 passed by the Hon’ble Senior Civil Judge and JMFC, Lingasugur, in G & WC.No.4/2015, in the interest of justice and equity.” 2. The learned counsel appearing for the parties have filed the joint memo. It is submitted that the parties have settled their dispute amicably. The joint memo reads as under: “1. It is submitted that the appellant has filed this appeal challenging the order dated 01/02/2020 passed by the Hon’ble Senior Civil Judge & JMFC, Lingasugur in G & WC No.04/2015. 2. It is submitted that the parties at the intervention of the elders /well wishers have agreed to settle the above dispute amicably on the following terms. - 3 - NC: 2025:KHC-K:2355-DB MFA No. 202267 of 2022 3. It is submitted that respondent Shri. Manjunath Hiremath has agreed to pay a sum of Rs.5,000/- per month towards the maintenance of the ward Kumar. Sujayakumar Hiremath on or before 5th of every month. 4. It is submitted that respondent Shri. Manjunath Hiremath has agreed to deposit the amount of Rs.5,000/- per month to the account of the appellant Smt. Sangeeta Hiremath. The details of the account maintained by the appellant with State Bank of India, Kutchery Branch, Jamakhandi is annexed with this joint memo. 5. That the ward Kumar. Sujayakumar is presently studying at Sanadi International School, Siddapur, Tq: Jamakhandi, Dist: Bagalkot. The appellant Smt. Sangeeta Hiremath has no objection to the respondent for visit the ward Kumar. Sujayakumar at the above school as per the Rules and Regulations of the said school. 6. It is further agreed by the parties that during the school vacation, the ward would be allowed to live with the respondent Shri. Manjunath for half period and remaining half period the ward would stay with the appellant. It is further agreed by the parties that sharing of vacation period of the ward would be by mutual understanding having regard to the convenience of the parties and the ward. 7. It is further agreed by the respondent Shri. Manjunath that the above settlement is only with regard to the custody/visiting rights and the same shall not wipe out past and future claim of the parties against each other.” - 4 - NC: 2025:KHC-K:2355-DB MFA No. 202267 of 2022 3. We have perused the clauses of the joint memo, which are not opposed to the law. Hence, the joint memo is accepted. 4. Accordingly, the appeal is disposed of in terms of the joint memo. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE MCR List No.: 1 Sl No.: 32 CT: PS