Karnataka High Court
P. Sharmas Vali S/O Koluru Khasim Sab vs Alimbee W/O Sharmas Vali on 23 September, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
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MFA No.100388 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF SEPTEMBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
MISCELLANEOUS FIRST APPEAL NO.100388 OF 2024 (FC-)
BETWEEN:
P. SHARMAS VALI S/O KOLURU KHASIM SAB
AGE. 40 YEARS, OCC. AGRICULTURIST,
R/O.K VEERAPURA VILLAGE, TQ. DIST. BALLARI.
...APPELLANT
(BY SRI. T.M. NADAF, FOR
MISS. GAYATRI S.R., ADVOCATES)
AND:
ALIMBEE W/O SHARMAS VALI
AGE. 25 YEARS, OCC. HOUSEWIFE,
R/O.K VEERAPURA VILLAGE,
TQ. DIST. BALLARI.
NOW AT KARATAGI GANGAWATI
TQ. DIST. KOPPAL-583231.
Digitally signed
by JAGADISH T
...RESPONDENT
R
Location: High
(BY SRI. M. AMAREGOUDA, ADVOCATE)
Court of
Karnataka,
Dharwad Bench
THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT ACT
1984, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE
DATED 28.07.2023 PASSED BY THE PRINCIPAL JUDGE, FAMILY
COURT, BALLARI IN O.S.NO.24/2022 AND CONSEQUENTLY
DECREE THE SUIT OF THE PLAINTIFF.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
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MFA No.100388 of 2024
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
1. Learned counsel appearing for the parties jointly submit that the matter is amicably settled between the parties and the same has been reported in RPFC No.100182/2022 before the Mediation Centre, High Court of Karnataka, Dharwad Bench. A copy of the memorandum of agreement entered between the parties before the Mediation Centre is also enclosed along with the application.
2. It is submitted that as per the terms of the said settlement, the parties have filed this application for divorce by mutual consent/Mubarath Nama. The averments made in the application, reads as under:
"APPLICATION FOR DIVORCE BY MUTUAL CONSENT/MUBARATH NAMA The parties to the application submit as under:
1. The parties herein state that, the Marriage between both the parties was solemnized on 29.03.2021 as per the rites and customs prevailing in Muslim community. The marriage is an arranged marriage with the consent of all the relatives of both the parties. It is submitted that, after the marriage, both the parties lived together as Husband and Wife at Ballari. Parties belongs to Sunni Muslims.-3-
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2. Parties submit that No issues were born to them in their wedded lock. As usual wordy quarrel was accord and difference of opinion between them, there were multiple proceedings between the parties herein and the marriage has broken down irretrievably.
3. That both the parties have agreed to dissolve their marriage performed on 29.03.2021, by mutual consent, by an agreement of Mubarat, prevailing in Muslim Community.
4. In view of difference of opinion between the parties there are cases and counter cases filed against each other. However, by the intervention of elders, family and friends the dispute between the parties has now been resolved and settled in the following terms:
5. The cases filed by the Respondent-wife against the Appellant and his parents are as under:
a) The Respondent-wife has filed Cr. Misc.
No. 138/2021 against the appellant under Section 125 of Cr.P.C., claiming maintenance before the Family Court Ballari, wherein a sum of Rs.8,000/- has been granted as maintenance per month along with Rs.15,000/- towards litigation expenses. Challenging the same RPFC No.100182/2022 filed by the Appellant-
Husband, this Hon'ble Court on 08.12.2022 was pleased to stay the order subject to deposit of Rs.75,000/-, which has been deposited on 04.01.2023. The Respondent-wife also filed RPFC No. 100077/2023 seeking enhancement of the maintenance amount. Both petitions are pending for consideration.
b) The Respondent-wife filed complaint against Appellant-husband and parents-in- law in Crime No.114/2021, before Ballari Women Police Station, for the offences -4- NC: 2024:KHC-D:13597-DB MFA No.100388 of 2024 punishable under Section 498A, 323, 420, 504,506 R/w Section 34 IPC. The police after completion of investigation have filed chargesheet against the appellant and parents-in-law, in CC No. 1560/2021 at present pending on the file of IV Addl. Civil Judge and JMFC Ballari. The Appellant-husband and his parents have filed Criminal petition No.104094/ 2022, seeking quashing of the charge sheet, this Hon'ble Court on 12.12.2022, was pleased to stay the further proceedings in CC No.1560/2021, and the petition is pending for consideration.
6. Cases filed by Appellant-husband against Respondent-wife is as under:
a) The Appellant- husband has filed a suit in O.S. No.24/2022 on the file of Principal Judge, Family Court Ballari, against the Respondent-wife for declaration to declare the marriage solemnized on 29.03.2021 as null and void and consequential relief of deletion of entry made by Khazi of Karatagi, Gangavathi Taluk, Koppal district and for other reliefs. The Suit after contest has been dismissed with costs.
The Appellant-husband preferred the present appeal, same is pending consideration, before this Hon'ble Court.
7. The matter in RPFC No.100182/2022 and RPFC 100077/2023 have been referred to mediation for settlement. The parties after deliberation and made ease advice by the Mediator and advice of the friends, elders and family members settled the issue in between them and a joint memo comes to be written settling the terms and conditions. The copy of the same is annexed with this application. Same may be read as part and parcel of this Application. The parties have settled the dispute in the following terms:
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8. The Appellant-husband and Respondent-wife have agreed to withdraw all the allegations and counter allegations made against each other and both have agreed to dissolve the marriage solemnized on 29.03.2021 by mutual consent by filing this Mubarat Nama in this MFA No.100388/2023.
9. The Respondent-wife, has agreed to consent for quashing of the proceedings in CC No.1560/2021 against the appellant and his parents impugned in Crl.P.No.104094/2022.
10. The Appellant-husband has agreed to pay a sum of Rs.5,10,000/- (Rupees five lakhs ten thousand only) inclusive of Rs.75,000/-(Rupees Seventy five thousand only) deposited before this Hon'ble Court towards permanent alimony. The Respondent-wife has agreed to receive the same as full and final settlement and further declares that she has no claim of whatsoever nature in future against the appellant-husband and his family. Respondent-wife further declares that she has agreed to withdraw the petition filed seeking for enhancement of maintenance amount in RPFC.No.100077/2023, pending before this Hon'ble Court. The Appellant- husband declares that he has no claim of whatsoever nature in future against Respondent-Wife. The payment of amount agreed supra is as under:
i) Rs.1,35,000/- agreed to be paid in token of settlement. Out of which a sum of Rs.1,00,000/- has already been paid directly to the account standing in the name of respondent-wife bearing SB A/c No.1718104000033886, of IDBI Bank Gangavathi, Koppal District and the Respondent-wife acknowledges the same.
A sum of balance Rs.25,000/- paid in cash on 18.09.2024 by the Appellant-Husband and the Respondent-Wife received and acknowledges the same.
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ii) The Respondent-wife may be permitted to withdraw the sum of Rs.75,000/- which is deposited before this Hon'ble Court in RPFC No.100182/2022.
iii) The Appellant-husband has agreed to deposit the balance amount of Rs.3,00,000/- in three equal installment of Rs.1,00,000/- each on or before the last day of October, November and December 2024, directly to the account of the Respondent-wife as stated supra.
11. Both the parties and their parents, have agreed to withdraw all the allegations and counter allegations made against each other in their respective cases, counter cases and objections. Both the parties and their parents, have agreed that they will not file any cases against each other in the future.
12. Whereas now the parties have decided to get their marriage dissolved through this mutual divorce/ Mubarat Nama.
13. Whereas both the parties humbly pray this Hon'ble Court to modify the Judgment and decree dated 28.07.2023, in O.S.No.24/2022, filed by the Husband/appellant in to mutual divorce as both the parties have been living separately since 2021, and there is no requirement of Respondent Wife observing Iddath period, under this Mubarat Nama.
14. Whereas both the parties are not willing to continue their relationship in view of difference of opinion and incompatibility. They have decided to end the marriage solemnized on 29.03.2021 by mutual consent under this Mubarat Nama.
15. Both the parties are at liberty to marry again according to their choices.
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16. It is further agreed by the both parties mutually that after signing this Mubarat Nama neither of the parties shall have any right to interfere in each other's personal matters and property issues.
17. Both the parties humbly pray that this Hon'ble Court may be pleased to permit parties to file the application for divorce by mutual consent under this Mubarat Nama in the above appeal and modify the Judgment and Decree dated 28.07.2023, passed by the Family Court Ballari in O.S No.24/2022 and dissolve the marriage solemnized on 29.03.2021 by mutual consent.
18. Both the Parties have read and agreed to the above terms and Conditions.
19. Parties will appear on 23.09.2024 at 2:30pm before the Hon'ble Court for passing Orders/Decree."
3. We have perused the clauses of the application so also the memorandum of agreement entered into between the parties before the Mediation Centre, High Court of Karnataka, Dharwad Bench in RPFC No.100182/2022. We have satisfied with the terms of the memorandum of agreement. We have also interacted with the parties present before the Court, who are duly identified by their respective counsel. They express that they are aware about the terms of the application as well as the memorandum of agreement and agreed to dissolve their -8- NC: 2024:KHC-D:13597-DB MFA No.100388 of 2024 marriage. The said application along with memorandum of agreement is placed on record.
4. In terms of the memorandum of agreement, the appeal stands disposed off. The marriage between the appellant and respondent solemnized on 29.03.2021 is dissolved by decree of divorce. Registry to draw decree accordingly in terms of memorandum of agreement. No costs.
Sd/-
(KRISHNA S.DIXIT) JUDGE Sd/-
(VIJAYKUMAR A.PATIL) JUDGE VNP, CT:VP LIST NO.: 4 SL NO.: 1