SMT PRIAYANKA Y KANNI v. SRI NIKHIL JAGADISH AGADI

SMT. PRIYANKA Y KANNI AGED ABOUT 35 YEARS W/O. SRI NIKHIL JAGADISH AGADI R/AT NO.B4-14, BHARATH PRIDE PARK IN FRONT OF MARUTHI SHOW ROOM HUMNABAD ROAD,KALABURGI-585 104. (BY SRI. S KALYAN BASAVARAJ.,ADVOCATE) ...PETITIONER AND: NIKHIL JAGADISH AGADI AGED ABOUT 34 YEARS S/O. SRI. JAGADISH B. AGADI R/AT NO. 63, 10TH A CROSS 2ND MAIN, 2ND STAGE WEST OF CHORD ROAD BENGALURU-560 086. (BY SRI. V KRISHNAMURTHY.,ADVOCATE) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE 1908 PRAYING TO 1) ...RESPONDENT - 3 - NC: 2024:KHC:35756 CP No. 311 of 2024 C/W CP No. 310 of 2024 TRANSFER G AND WC NO.5/2023 PENDING ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY JUDGE BAGALKOT TO THE FILE OF THE PRINCIPAL JUDGE FAMILY COURT AT BENGALURU, II) PASS ANY OTHER ORDER AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER

1. Civil Petition No.311/2024 under Section 24 of CPC is filed by the petitioner-wife seeking the transfer of M.C.No.157/2023 pending on the file of Principal Judge, Family Court, Bagalkot to the Court of Principal Judge, Family Court, Bengaluru. Civil Petition No.310/2024 under Section 24 of CPC is filed by the petitioner-wife seeking the transfer of G&WC No.5/2023 pending on the file of Principal Judge, Family Court, Bagalkot to the Court of Principal Judge, Family Court, Bengaluru. - 4 - NC: 2024:KHC:35756 CP No. 311 of 2024 C/W CP No. 310 of 2024

2. After service of notice to the respondent, respondent has appeared through his counsel.

3. During the pendency of these petitions, with the intervention of the elders, family members and respective counsel, both the parties have compromised the matter. The learned counsel appearing for the parties have filed a compromise petition under Order 23 Rule 3 read with Section 151 of the CPC read with Section 13B of Hindu Marriage Act, 1955. The contents of the compromise petition is extracted hereinbelow: MEMORANDUM OF COMPROMISE PETITION UNDER ORDER XXIII RULE 3 OF CODE OF CIVIL PROCEDURE, 1908 READ WITH SECTION 13-B OF THE HINDU MARRIAGE ACT, 1955. The Petitioner and the Respondent above named respectfully beg to submit as follows:-

1. The Petitioner and Respondent are the wife and husband, having been married on 28th November 2014, at Sharanabasaveshwar Centenary Hall, near S.B. Garden, Tank Bund Road, Kalaburgi, as per - 5 - NC: 2024:KHC:35756 CP No. 311 of 2024 C/W CP No. 310 of 2024 Hindu rights and customs. The marriage between the Petitioner and Respondent is still subsisting.

2. It is submitted that, the Petitioner and Respondent from the date of their marriage, lived together for Seven years. The Petitioner now residing at Gulbarga. Out of the wedlock of the petitioner and Respondent, the son namely Master. Ishaan Nikhil Agadi was born on 03.02.2016, now aged about Eight years and staying with Petitioner.

3. As the matter stood thus, the Respondent herein has filed MC Case No. 1510/2022, before the 6th Additional Family Court, at Bangalore, for Divorce under Section 13(1)(i)(ia) of the Hindu Marriage Act, 1955, further the Respondent has also filed G & WC No. 57/2022, before the 6th Additional Family Court, at Bangalore, for custody of the minor son Master. Ishaan Nikhil Agadi, under Section 25 of the Guardians and Wards Act 1890.

4. The Petitioner herein had filed CP 197/2022, before this Hon'ble Court, to transfer the MC No. 1510/2022 and G & WC No. 57/2022, which were pending before the 6th Additional Family Court, at Bangalore, to the Hon'ble Principle Judge, family Court, Kalaburgi and this Hon'ble Court by its Common Order Dated 04.09.2023, transferred both - 6 - NC: 2024:KHC:35756 CP No. 311 of 2024 C/W CP No. 310 of 2024 the Petitions to the Principle Judge Family Court, Bagalkot, and the same are renumbered as MC No. 157/2023 and G & WC No. 5/2023 and are pending adjudication.

5. Presently, the Petitioner has filed CP No. 311/2024, in respect of MC No. 157/2023, CP No. 310/2024, in respect of G & WC No. 5/2023, to retransfer the same to Bangalore, family Court.

6. As the matter stood thus, the Petitioner and the Respondent submits that, the elders, well-wishers and relatives of both the families, and at the instance of this Hon'ble Court, the parties trieci their level best to settle the differences. However, all the efforts and attempts made to effect the reconciliation and for resumption of the marital relationship were failed. The Petitioner and the Respondent have now resolved their differences amicably and have decided to part ways on the following terms.

7. The Petitioner and the Respondent have mutually agreed and decided that there is no point in continuation of their marital relationship and they have further agreed to dissolve their marriage mutually. The Petitioner and the Respondent hereby unconditionally withdraw all the allegations made against each other. The Respondent hereby - 7 - NC: 2024:KHC:35756 CP No. 311 of 2024 C/W CP No. 310 of 2024 unconditionally withdraws the allegations of adultery over the Petitioner.

8. The Petitioner and the Respondent hereby unequivocally state that they have no claim on whatsoever against each other in respect of maintenance and materials in the form of property, money, jewelry, gold, etc. The Petitioner and the Respondent are free from all obligations and claims that may be made against each other. The Petitioner and the Respondent are free from all the obligations towards each other.

9. Both the parties jointly agree that the custody of the minor child Master Ishaan Nikhil Agadi shall be with the Petitioner. The Respondent is entitled to have visitation rights over the child Master. Ishaan Nikhil Agadi. Subject to classes and other co- curricular activities, and the duration of holidays during the festivals, the Respondent shall have 50% visitation rights of the minor child during all festivals and vacations.

10. Both parties agree that they will alternate between picking up the child, Ishaan Nikhil Agadi, from Kalaburgi and dropping him off at the Petitioner's brother's place in Bengaluru. When it is the Petitioner's responsibility to drop off the child, - 8 - NC: 2024:KHC:35756 CP No. 311 of 2024 C/W CP No. 310 of 2024 she shall inform the Respondent a day in advance that she will be dropping off Ishaan Nikhil Agadi at her brother's place. Similarly, the Respondent shall also notify the Petitioner in advance when he is making arrangements to pick up the child from Kalaburgi, at their convenience. Each party shall be responsible for dropping off the child at the location from which they picked him up.

11. The Respondent undertakes to co-operate with the Petitioner with regard to any of the procedures wherever his signature is required before various authorities, including school, his future education, etc.

12. Both the parties hereby undertake that they shall not henceforth, talk or discuss anything about the marriage and the sequence of events that led to the filing of these proceedings with their minor child Ishaan Nikhil Agadi. The parties agree that the facts that lead into the filing of this Compromise Petition shall be strictly confidential.

13. The parties hereby jointly agree that they shall henceforth abstain from defaming each other in the public, including any posts on social media, or making any libelous or slanderous statements before any person whatsoever. A contravention of this - 9 - NC: 2024:KHC:35756 CP No. 311 of 2024 C/W CP No. 310 of 2024 clause shall entitle the other party to sue for damages.

14. The Petitioner and the Respondent herein have entered into the terms of this Petition on their own free will and having without any kind of force, compulsions or undue influence of whatsoever nature on either of the parties.

15. The Respondent shall appear before this Hon'ble Court in Crl. Pet No. 4581/2023 wherein the chargesheet filed against the Petitioner in CC No. 8156/ 2023 pending before the Addl. Chief Metropolitan Magistrate has been impugned and shall undertake to join the Petitioner to get the same compounded.

16. It is submitted that, by both the parties that, there are no other claims against each other from today except those crystallized hereinabove.

17. It is further agreed that, no other cases are pending between the parties. WHEREFORE, it is most respectfully prayed that this Hon'ble Court may be pleased allow this compromise petition, and dissolve the marriage solemnized between the parties on 28.11.2014, and grant the - 10 - NC: 2024:KHC:35756 CP No. 311 of 2024 C/W CP No. 310 of 2024 custody of the minor child Ishaan Nikhil Agadi, to the Petitioner Respondent subject to visitation rights to the Respondent on the above terms, in the interests of justice and equity.

4. The parties are present before the Court and they have been identified by their respective counsel. The contents of the compromise petition have been read over to the parties in the language known to them. They have accepted the same. There is no legal or factual inhibition to accept the compromise, as the same is out of their volition and without any coercion and compulsion.

5. The compromise petition signed by the parties and their respective counsel is taken on record. This Court after satisfying with the terms of the compromise petition has passed the following order: ORDER a) The petitions are disposed of in terms of the compromise petition. - 11 - NC: 2024:KHC:35756 CP No. 311 of 2024 C/W CP No. 310 of 2024 b) The compromise petition filed under Order XXIII Rule 3 of CPC is ordered to be treated as part and parcel of this order. Sd/- (H.T. NARENDRA PRASAD) JUDGE DM List No.: 1 Sl No.: 6