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2025 DAILYLAW 38135 (KAR)

SMT SAJJALASRI W/O KENCANGOUDA GOUDAR v. KECHANAGOUDA S/O SHANKARAGOUDA GOUDAR

MFA/101380/2024 · 2025-12-01

Geetha K B, S G Pandit

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:16839-DB MFA No. 101380 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. MISCELLANEOUS FIRST APPEAL NO.101380 OF 2024 (MC) BETWEEN: SMT. SAJJALASRI, W/O KENCHANGOUDA GOUDAR, AGE. 34 YEARS, OCC. HOUSEHOLD, R/O. ALUR S.K., TQ. BADAMI, DIST. BAGALKOTE-587201. …APPELLANT (BY SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE) AND: KENCHANAGOUDA, S/O SHANKARAGOUDA GOUDAR, AGE. 43 YEARS, OCC. GOVERNMENT EMPLOYEE, R/O. HIREMUCHCHALAGUDD, TQ. BADAMI, DIST. BAGALKOTE-587201. …RESPONDENT (BY SRI. SHIVARAJ S. BALLOLI, ADVOCATE) THIS MFA IS FILED UNDER SEC.28(1) OF THE HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED 04.12.2023, PASSED IN MATRIMONIAL CASE NO.50/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, BADAMI, AT BADAMI, ALLOWING THE PETITION FILED UNDER SEC.13(1)(ia) AND (1)(ib) OF THE HINDU MARRIAGE ACT. THIS MFA COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.04 11:01:43 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16839-DB MFA No. 101380 of 2024 CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The above appeal filed under Section 28(1) of the Hindu Marriage Act, 1955 (for short, ‘the 1955 Act’) is directed against the judgment and award dated 04.12.2023 passed in M.C. No.50/2017 by the Senior Civil Judge and JMFC, Badami, whereunder the petition filed by the respondent under Section 13(1)(ia) and (ib) of the 1955 Act is allowed, dissolving the marriage of the appellant and the respondent solemnised on 11.02.2000. 2. Both, the appellant – Smt. Sajjalasri and the respondent – Sri. Kenchanagouda, are present along with their respective counsel and are identified by their respective counsels namely Sri. Vijayendra Bhimakkanavar for the appellant, and Sri. Shivaraj S.Balloli for the respondent. 3. The learned counsel appearing for both the parties would submit that, during the pendency of the appeal, with the intervention of the elders, the parties have arrived at a settlement - 3 - HC-KAR NC: 2025:KHC-D:16839-DB MFA No. 101380 of 2024 and accordingly, they have filed a compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, today before this Court. The terms of the settlement, at paragraphs 3 to 8 of the compromise petition, read as under: “3. It is submitted that during the pendency of the top noted appeal, the elders and the well-wishers of both the parties have advised the parties to amicably settle the dispute between themselves. As such, the Respondent/husband is herewith paying a sum of Rs.15,00,000/-(Rupees Fifteen Lakhs) by way of demand draft bearing No.755308 drawn on Canara Bank, KerurTq: Badami Dist: Bagalkot in favour of the Appellant/wife towards full and final settlement of her Alimony. 4. It is submitted that the Appellant/wife has no objection for confirmation of the Judgment passed by the Trial court and agrees for dissolution of marriage passed by the learned Senior Civil Judge and J.M.F.C., Badami and agrees for dissolution of the marriage solemnized between the Appellant and Respondent dated 11/02/2000. 5. It is submitted that the Appellant/wife agrees that aforesaid amount paid by the Respondent/husband to the Appellant/wife i.e., sum of Rs.15,00,000/-(Fifteen Lakhs) is towards full and final settlement of her claim(s) towards Alimony and she shall have no future claim whatsoever towards Alimony from the Maintenance Respondent/husband an all pending recovery proceedings initiated by the Appellant/wife before Family - 4 - HC-KAR NC: 2025:KHC-D:16839-DB MFA No. 101380 of 2024 Court/Magistrate court/Trial court shall be withdrawn in terms of this compromise Petition. 6. The contents of the above Compromise Petition have been readover and explained to both the parties in Kannada and both the parties agree the contents of the same. 7. It is submitted that Appellant/wife and Respondent/husband agree to withdraw all the allegations made against each other. 8. It submitted that both the parties further agree that there is no undue influence or coercion in entering into aforesaid compromise and that they have entered into this compromise with their own wish, will and volition.” 4. As per the terms of the compromise petition, the appellant-wife has agreed to receive a sum of Rs.15,00,000/- towards permanent alimony to confirm the judgment which is under appeal. The respondent hands over to the appellant a Demand Draft, dated 27.11.2025, bearing No.755308, for a sum of Rs.15,00,000/-, drawn on Canara Bank, Kerur Branch, Kerur, Badami Taluk. The appellant acknowledges the receipt of the aforesaid Demand Draft before this Court. Further, compromise petition would indicate that alimony received by the appellant is towards full and final settlement of all the claims, and it is also - 5 - HC-KAR NC: 2025:KHC-D:16839-DB MFA No. 101380 of 2024 agreed that all the proceedings pending before the Family Court or any other Court shall be withdrawn by either of the parties. 5. Learned counsel appearing for the parties would submit that both the appellant and the respondent would withdraw the allegations made against each other. 6. We are satisfied that the compromise entered into by the parties is in accordance with law. 7. In terms of the compromise petition filed today before the Court, the appeal stands disposed of confirming the judgment dated 04.12.2023 in M.C. No.50/2017 passed by the Senior Civil Judge and JMFC, Badami, dissolving the marriage between the appellant and the respondent solemnised on 11.02.2000. The appeal stands disposed of in terms of the compromise petition. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 46