Karnataka High Court
Kurubatappa S. Pujar vs Smt. Kavitha Kuruvatappa Pujar on 17 March, 2025
Author: S G Pandit
Bench: S G Pandit
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NC: 2025:KHC-D:4832-DB
MFA No. 100187 of 2022
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 17TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.100187 OF 2022 (MC)
BETWEEN:
KURUVATAPPA S. PUJAR
S/O. SHIVAPPA PUJAR,
AGED ABOUT 42 YEARS,
R/O. HOUSE NO.1 KAVERY,
KUMAR KRUPA ROAD,
BENGALURU-01.
...APPELLANT
(BY SRI BASAVARAJ R. BANNUR, ADVOCATE.)
AND:
SMT. KAVITHA KURUVATAPPA PUJAR
W/O. KURUVATAPPA S. PUJAR
D/O. NAGANAGOWDA KALLANAGAVELA
Digitally signed by RAMANAGOWDA,
MALLIKARJUN
RUDRAYYA KALMATH AGED ABOUT 31 YEARS,
Location: HIGH COURT R/O. AMARAGOLA VILLAGE,
OF KARNATAKA
NAVALGUND TALUK, DIST. DHARWAD.
...RESPONDENT
(BY SRI GOURI SHANKAR MOT, ADVOCATE.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 28(1) OF THE HINDU MARRIAGE ACT, 1955, PRAYING TO
SET ASIDE THE ORDER DATED 05.11.2020, PASSED IN
MATRIMONIAL CASE NO.27/2014, ON THE FILE OF THE SENIOR
CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS,
NAVALGUND, BY ALLOWING THE APPEAL AND TO PASS ANY OTHER
ORDER AS THIS COURT DEEMS FIT UNDER THE FACTS AND
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MFA No. 100187 of 2022
CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND
EQUITY.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR
ADMISSION THIS DAY, JUDGMENT IS DELIVERED THEREIN AS
UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S G PANDIT) This appeal under section 28(1) of the Hindu Marriage Act, 19551, is directed against the judgment dated 05.11.2020 in M.C.No.27/2014, on the file of Senior Civil Judge and JMFC, Navalgund, thereby petition filed by the appellant/husband under section 13(1)(ia) and (ib) of the Act, 19551 is dismissed.
2. The appellant Sri Kuruvatappa S. Pujar and his counsel Sri Basavaraj R. Bannur, and respondent Smt.Kavitha Kuruvatappa Pujar along with her counsel Sri Gouri Shankar Mot, are present before the Court.
3. Learned counsels appearing for the parties submit that during the pendency of the appeal with the advice of the 1 Hereinafter referred to as 'the Act, 1955'. -3-
NC: 2025:KHC-D:4832-DB MFA No. 100187 of 2022 elders, the appellant and respondent have arrived at settlement and further they have stated that the petition under section 13B of the Act, 1955 read with Order 23 Rule 3 of the Code of Civil Procedure, 1908, is filed today before the Court. The petition reads as follows:
"COMPROMISE PETITION UNDER ORDER 23 RULE 1 OF CODE OF CIVIL PROCEDURE R/W SEC. 13B OF THE HINDU MARRIAGE ACT. The appellant and respondent jointly beg to submit as under.
The appellant and respondent, on the advice of the elders and well-wishers of the family, have settled their matrimonial dispute and filed this compromise petition on the following terms:
1. The appellant herein has paid the sum of Rs.14,50,000/- {fourteen lakhs fifty thousand only} to the respondent towards the permanent alimony as a full and final settlement through DD no.542941 dt:10-3-2025 drawn on The Karnataka State Co-op Apex bank Ltd, Vidhan Soudha, Bangalore.
2. The respondent has no objection to dissolve their marriage solemnized on 3-5-2009 at Pyati Basaveshwara Kalyana Mantapa, Agadi village, Taluk and District Haveri and to pass judgement and decree by allowing the petition in M.C.No.27/2014 filed by the appellant before the Senior Civil Judge & JMFC, Navalgund by setting aside the judgment and decree dt:5-11-2020 passed by the court of Senior Civil Judge & JMFC, Navalgund by allowing the present appeal filed before this Hon'ble High Court of Karnataka, At Dharwad.-4-
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3. The respondent has given up all her claims against the appellant, including her right to claim for Interim Maintenance, Maintenance under the provisions of Bharatiya Nagarik Suraksha Sanhita, Hindu Marriage Act, Hindu maintenance and adoption, Protection of Women from Domestic violation act.
4. The respondent has also given up the benefits given to her under the judgment dt:12-9- 2018 passed in Crl. Misc No.25/2013 by the court of Civil Judge & JMFC, Navalgund. The respondent will not claim any arrears of maintenance, future maintenance against the appellant in terms of the judgment dated: 12-9-2018 passed in Crl. Misc No.25/2013 by the court of Civil Judge & JMFC, Navalgund in future. The respondent will not execute the Judgment dated 12-9-2018 passed in Crl. Misc No.25/2013 by the court of Civil Judge & JMFC, Navalgund in future by filing any applications.
5. The respondent will not claim an interim maintenance or maintenance against the appellant under the provisions of Bharatiya Nagarik Suraksha Sanhita, Hindu Mariage Act, Hindu maintenance and adoption, Protection of Women from Domestic violation act.
6. The respondent has accepted this amount of Rs.14,50,000/- as a full and final settlement of all her claims toward interim maintenance, maintenance, and permanent alimony either present or future. And given up all her claims towards the immovable properties of the appellant.
7. This compromise is entered into voluntarily by both parties, without any coercion or compulsion and with free will. It is entered into with bona fide reasons.
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8. Wherefore, both the appellant and respondent humbly pray this Hon'ble court to may kindly be pleased to pass judgment and decree in terms of this compromise petition in the above appeal in the interest of justice and equity."
4. The respondent/wife has agreed to receive Rs.14,50,000/- as full and final settlement towards permanent alimony and she has further agreed that she has given up all her claims towards immovable properties of the appellant/husband. Learned counsel for the parties would submit that there are no issues/children from the marriage. Learned counsel for the parties also pray for condoning the cooling period as required under section 13B(2) of the Act, 1955, since it is a pending matter.
5. The appellant/husband hands over demand draft (DD) bearing No.542941 dated 10.03.2025 drawn on Karnataka State Co-op Apex Bank Ltd., Vidhan Soudha, Bengaluru, to the respondent/wife before the Court, which is accepted by the respondent/wife. The Matrimonial Case was filed in the year 2014 under section 13(1)(ia) and (ib) of the Act, 1955, which was dismissed by judgment dated 05.11.2020. The said judgment was the subject matter of -6- NC: 2025:KHC-D:4832-DB MFA No. 100187 of 2022 the present appeal. Since the subject matter is pending since 2014, we deem it appropriate to dispense with requirement of section 13B(2) of the Act, 1955.
6. In terms of petition under Section 13B of the Act, 1955, the following:
ORDER
i) The appeal is allowed.
ii) The judgment and decree dated 05.11.2020 in M.C.No.27/2014, on the file of Senior Civil Judge and JMFC, Navalgund, dismissing the petition, is set aside.
iii) The marriage of the appellant and respondent solemnized on 03.05.2009 stands dissolved in terms of Section 13B of the Act, 1955 and the parties are granted decree of divorce.
iv) Decree to be drawn accordingly.
Sd/-
(S G PANDIT) JUDGE Sd/-
(C.M. POONACHA) JUDGE MRK/ CT: UMD.
List No.: 1 Sl No.: 16