Smt. Arundhati Shashikant Totaganti vs Shashikant Basavaraj Totaganti on 23 February, 2024

Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services — Free for one month.

Karnataka High Court

Smt. Arundhati Shashikant Totaganti vs Shashikant Basavaraj Totaganti on 23 February, 2024

Author: S G Pandit

Bench: S G Pandit

                                                       -1-
                                                                NC: 2024:KHC-D:4451-DB
                                                                 MFA No.103102 of 2015




                             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                   DATED THIS THE 23RD DAY OF FEBRUARY, 2024

                                                    PRESENT

                                      THE HON'BLE MR JUSTICE S G PANDIT

                                                      AND

                                      THE HON'BLE MR JUSTICE K V ARAVIND

                              MISCELLANEOUS FIRST APPEAL NO.103102 OF 2015 (FC-)


                           BETWEEN:

                           SMT. ARUNDHATI SHASHIKANT TOTAGANTI,
                           D/O. SRI. HOLEBASAPPA DEVARADDI MUDARADDI,
                           AGE:28 YEARS, OCC: HOUSEHOLD,
                           NOW R/O: HOUSE NO. 116,1ST MAIN,
                           4TH CROSS, NARAYANPUR,
                           DHARWAD, DIST: DHARWAD.
                                                                          ...APPELLANT
                           (BY SRI. PRASHANT V MOGALI, ADVOCATE)

                           AND:

                           SRI. SHASHIKANT BASAVARAJ TOTAGANTI,
KM
           Digitally
           signed by K M
           SOMASHEKAR
                           AGE:34 YEARS, OCC: BUSINESS,
SOMASHEKAR Date:
           2024.02.24
           10:22:39
           +0530
                           R/O: BEHIND MARUTI TEMPLE,
                           HOUSING COLONY, MUDHOL,
                           DIST: BAGALKOT.
                                                                        ...RESPONDENT

                           (BY SRI. J S SHETTY AND M A YAMANUR, ADVOCATE FOR
                                      C/RESPONDENT)

                                 THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURTS ACT,
                           AGAINST THE JUDGMENT AND DECREE DATED:25.08.2015,
                           PASSED IN MATRIMONIAL CASE NO.34/2013 ON THE FILE OF THE
                           PRINCIPAL JUDGE FAMILY COURT, DHARWAD, ALLOWING THE
                           PETITION FILED U/SEC. 13(1)(1A) OF HINDU MARRIAGE ACT
                           1955.
                                   -2-
                                           NC: 2024:KHC-D:4451-DB
                                            MFA No.103102 of 2015




     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
S G PANDIT, J., DELIVERED THE FOLLOWING:

                          JUDGMENT

Heard Sri. Prashant V.Mogali, learned counsel for the

appellant, and Sri. M.A.Yamanur and Sri. J.S.Shetty,

learned counsels for the respondent.

2. Appellant-Smt. Arundhati Shashikant Totaganti,

and the respondent-Sri. Shashikant Basavaraj Totaganti,

are present before the Court and they are identified by

their respective counsels.

3. This appeal is filed by the appellant-wife

questioning the correctness and legality of the judgment

and decree dated 25.08.2015 in M.C. No.34/2013 passed

by the Principal Judge, Family Court, Dharwad, by which

the petition of the respondent-husband filed under Section

13(1)(ia) of the Hindu Marriage Act, 1955 (for short, ‘the

1955 Act’) is allowed and the marriage of the appellant

and the respondent solemnized on 12.11.2009 is dissolved

by a decree of divorce.

-3-

NC: 2024:KHC-D:4451-DB
MFA No.103102 of 2015

4. The appellant-wife is working as a Government

High School Teacher, whereas the respondent-husband is

a Class-I Contractor

5. From the marriage, the appellant and the

respondent have a child by name Kumar. Arush, aged

about 13 years as on this day, who is studying VII

Standard at Rashtrotthana Vidya Kendra, Dharwad.

6. The appellant-wife and the respondent-husband

in the interest of the child have come forward to settle the

dispute between them and to close the long standing

litigation. They have filed a petition under Order XXIII Rule

3 of the Code of Civil Procedure, 1908. The terms and

conditions of the compromise petition read as under:

“The parties have agreed to dissolve their
marriage as per the terms mentioned below;

1. The Respondent -Husband is agreed to pay Rs
03,00,000/- (Rs Three Lakh) as permanent alimony
through Cheque bearing No.034408 dated 23/02/2024
of IDBI Bank, Mudhol.

-4-

NC: 2024:KHC-D:4451-DB
MFA No.103102 of 2015

2. The Respondent -Husband is agreed bear the
educational and other expenses of child Arush S/o
Shashikant Totaganti till he attains the age of majority.

3. The Respondent -Husband agreed / undertakes to
return the articles which are given at the time of
marriage (i.e. Household articles, Utensils).

4. The Appellant – wife also undertakes deposit of Rs
02,00,000/- (Rs Two Lakh) annum in the name Child
Arush s/o Shashikant Totaganti till he attains majority.

5. The Respondent- Husband has further agreed to
withdraw C.C.1053/2018 pending on the file of Prl Civil
Judge & JMFC Court, Mudhol filed against the relatives
of the Appellant within four weeks from this day.

6. The Appellant -wife undertakes to withdraw the
present appeal subject to the realization of the cheque
issued by the Respondent – Husband.

7. The compromise agreed into between the Appellant
and Respondent is voluntary and there is no force and
coercion from anybody.”

7. In terms of the compromise, the respondent-

husband has paid a sum of Rs.3,00,000/- by way of

cheque bearing No.034408, dated 23.02.2024, drawn in
-5-
NC: 2024:KHC-D:4451-DB
MFA No.103102 of 2015

IDBI Bank, Mudhol, in addition to Rs.7,00,000/- granted

by the Family Court towards permanent alimony to the

appellant-wife. Further respondent-husband has agreed to

take car of the entire educational expenses of the son

Kumar Arush and also any medical expenses. Respondent-

wife has agreed to take care of the son and also the day-

to-day expenses. Further, the appellant-wife has

undertaken to deposit a sum of Rs.2,00,000/- in a Fixed

Deposit every year in the name of the son till he attains

the age of twenty years. After attaining the age of

majority, the son Kumar Arush can utilize the amount in

Fixed Deposit for his post-graduation or any other higher

education. The respondent-husband has also agreed to

withdraw C.C. No.1053/2018 pending on the file of the

Principal Civil Judge & JMFC, Mudhol, forthwith. Both the

appellant and the respondent have agreed to withdraw all

allegations made by them against each other.
-6-

NC: 2024:KHC-D:4451-DB
MFA No.103102 of 2015

8. The appellant-wife has undertaken to withdraw

the present appeal subject to realization of the cheque

issued by the respondent-husband.

9. The above compromise petition is taken on

record.

In terms of the compromise petition, the above

appeal stands disposed of, and the judgment and decree

25.08.2015 passed in M.C. No.34/2013 passed by the

Principal Judge, Family Court, Dharwad, stands confirmed.

Sd/-

JUDGE

Sd/-

JUDGE

KMS
LIST NO.: 1 SL NO.: 10

[ad_2]

Add a Comment

Your email address will not be published. Required fields are marked *