KUMAR S/O SANAPPA BALIKAYI v. SMT. LAXMI W/O KUMAR BALIKAYI
MFA/100516/2024 · 2025-01-06
B M Shyam Prasad, Ramachandra D Huddar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3077 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3077 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:22-DB MFA No.100516 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO.100516 OF 2024 (FC) BETWEEN:
KUMAR S/O SANAPPA BALIKAYI, AGE. 31 YEARS, OCC. PRIVATE JOB, R/O. VIJAYNAGAR LAYOUT, HAVERI, TQ & DIST. HAVERI-581110. - APPELLANT (BY MISS SHIVALEELA ARAHUNASI, ADVOCATE FOR SRI. ARAVIND D. KULKARNI, ADVOCATE)
AND:
SMT. LAXMI W/O KUMAR BALIKAYI, AGE. 24 YEARS, OCC. HOUSEHOLD WORK, R/O. HAVERI, C/O BANGAREPPA CHANNABASANNAVAR, R/O. NEAR BUS STAND, ADUR, TQ. HANGAL, DIST. HAVERI-581101. - RESPONDENT (BY SMT. CHETANA S. BIRAJ, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT 1984, AGAINST THE JUDGMENT AND DECREE DATED 18.11.2023 PASSED IN MATRIMONIAL CASE NO.225/2022 ON THE FILE OF THE PRINCIPAL JUDGE FAMILY COURT HAVERI, DISMISSING THE PETITION FILED UNDER SECTION 13(1) OF THE HINDU MARRIAGE ACT, 1955 & ETC. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS PASSED AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR
VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.07 12:51:22 +0530
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NC: 2025:KHC-D:22-DB MFA No.100516 of 2024
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD)
The appellant and the respondent are present and they acknowledge that they are signatories to the Joint Settlement Memo filed with the Mediation Centre, High Court of Karnataka, Dharwad Bench. The terms of the joint memo read as under:
“1. Both the parties to the appeal have agreed to join each other to lead marital life at Haveri. 2. At the request of the respondent; the appellant has agreed to arrange for a separate residence at Haveri in order to start their marital life further the Respondent has agreed to co- operate with the appellant in leading marital life. 3. The appellant has undertaken to take good care of the respondent; who is his wife and also of his son; who is 2 year old by not resorting to the bad habits. 4. At the suggestion of mediator Sri.
B.D. Hiremath; the appellant, his mother and brother have agreed to mutate the name of the son of appellant and respondent Master Bharat in the revenue records pertaining to the property following to the share of the appellant. - 3 -
NC: 2025:KHC-D:22-DB MFA No.100516 of 2024
5. The parties have entered into this settlement without any undue influence, coercion and with free will and wish. The terms of the settlement are read over to the parties and explained to them in their vernacular language. 6. Since the case is amicably settled in above terms. It is thereby requested to the registry to post the matter on 06.01.2025 for necessary order before the Hon'ble Court.”
As the parties have settled the dispute and acknowledge the settlement, the appeal is allowed in part in terms of the afore and the office is directed to draw decree accordingly. Sd/- (B.M.SHYAM PRASAD) JUDGE
Sd/- (RAMACHANDRA D. HUDDAR) JUDGE BVV LIST NO.: 1 SL NO.: 38