- 1 - NC: 2025:KHC-K:2547-DB MFA No. 200722 of 2020 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 28TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE K NATARAJAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCL. FIRST APPEAL NO. 200722 OF 2020 (FC) BETWEEN: VASU S/O K.G.SUBBARAMULU, AGE: 48 YEARS, OCC: R/O BELLARY NOW AT DEGALMADI TQ. CHINCHOLI, DIST. KALABURAGI-585307. …APPELLANT (BY SRI GOURISH S. KHASHAMPUR, ADVOCATE) AND: PADMA D/O SHYAMSUNDAR DIGGAON, AGE: 37 YEARS, OCC: R/O H.NO.1-891-72-9 GANESH NAGAR, JEWARGI ROAD, KALABURAGI-585102. …RESPONDENT (BY SRI MANVENDRA REDDY, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF THE F.C. ACT, PRAYING TO SET ASIDE THE Digitally signed by NIJAMUDDIN JAMKHANDI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2547-DB MFA No. 200722 of 2020 ORDER DATED 13.03.2020 IN M.C.NO.42/2017 ON THE FILE OF THE DISTRICT JUDGE, FAMILY COURT AT KALABURAGI AGAINST THE APPELLANT AND ALLOW THE APPEAL FILED IN M.C.NO.42/2017. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE K NATARAJAN AND HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE K NATARAJAN) This appeal is filed by the appellant under Section 19(1) of the Family Courts Act for setting aside the judgment and order dated 13.03.2020 passed by the District Judge, Family Court, Kalaburagi in M.C.No.42/2017 which was filed under Section 13(1)(i)(ia)(ib) of the Hindu Marriage Act, for having dismissed the petition filed by the appellant as against the respondent. 2. During the pendency of the appeal, both the appellant and the respondent have appeared through their counsel and filed joint memo. It is agreed between the - 3 - NC: 2025:KHC-K:2547-DB MFA No. 200722 of 2020 parties that the appellant shall pay Rs.30,00,000/- [Rupees Thirty Lakhs only] to the respondent towards permanent alimony and out of which, today the appellant has paid Rs.10,00,000/- [Rupees Ten Lakh only] by way of Demand Draft bearing No.471360 drawn on State Bank of India, Gandhinagar Ballari in the name of the respondent- Padma and undertaken to pay remaining amount of Rs.20,00,000/- [Rupees Twenty Lakh only] towards permanent alimony in the first week of June, 2025. 3. It is also submitted that this amount is in full and final settlement and the respondent is not entitled for any maintenance in the Trial Court or any other Court. 4. Submission of the learned counsel for the parties is placed on record. 5. It is submitted that marriage between the appellant and the respondent had taken place on 18.05.2006 and after 6 to 7 months of marriage there was dispute between the parties and thereafter the respondent - 4 - NC: 2025:KHC-K:2547-DB MFA No. 200722 of 2020 is said to be living separately and marriage between them has irretrievably broken down and there is no chance of re-union among them. The above petition was filed in the year 2017 which came to be dismissed in March 2020 and since last five years the matter is pending before this Court. During the pendency, the settlement is arrived at between the parties. 6. In view of the marriage between the parties being irretrievably broken down, we are of the opinion that the marriage of the parties shall be dissolved by mutual consent under Section 13(B) of the Hindu Marriage Act. 7. In view of the submission and the joint memo filed, we proceed to pass the following: ORDER (i) The appeal is disposed of. (ii) The marriage between the appellant and the respondent solemnized on 18.05.2006 at Neelambika Kalyan Mantap, Kalaburagi is hereby dissolved. - 5 - NC: 2025:KHC-K:2547-DB MFA No. 200722 of 2020 (iii) The appellant shall pay the balance permanent alimony of Rs.20,00,000/- [Rupees Twenty Lakh only] to the respondent in the first week of June 2025, failing which, the respondent is at liberty to recover the same in accordance with law. Office to draw a decree accordingly. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE SWK List No.: 1 Sl No.: 8 CT:SI