- 1 - HC-KAR NC: 2025:KHC-K:2896-DB MFA No. 201490 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 6TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND THE HON'BLE Mrs JUSTICE K S HEMALEKHA MISCL. FIRST APPEAL NO.201490 OF 2025 (FC) BETWEEN: SMT. ANURADHA W/O D. SRINIVAS, AGE: 38 YEARS, OCC: GOVT. SERVANT, R/O C/O VENKAPPA RETD. TEACHER, H NO.1-891/30/4A, NGO’S COLONY, JEWARGI ROAD, KALABURAGI. …APPELLANT (BY SMT. HEMA L. KULKARNI, ADVOCATE) AND: D. SRINIVAS S/O LATE HANMANTHRAO KULKARNI, AGE: 49 YEARS, OCC: TEACHER, R/O NEAR KANDGAL MAJEED, GANGAVATI, TQ: GANGAVATI, DIST: RAICHUR-584101. …RESPONDENT (BY SRI. MALHARARAO, ADVOCATE) THIS MFA IS FILED U/SEC. 19(1) OF FAMILY COURTS ACT, 1984, PRAYING TO CALL FOR RECORDS IN M.C.NO. 16/2021 ON THE FILE OF LEARNED PRINCIPAL JUDGE, FAMILY Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2896-DB MFA No. 201490 of 2025 COURT, KALABURAGI, AND FURTHER BE PLEASED TO ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT DATED 16.02.2021 PASSED BY THE LEARNED PRINCIPAL JUDGE FAMILY COURT KALABURAGI IN M.C.NO.16/2021, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE Mrs JUSTICE K S HEMALEKHA ORAL JUDGMENT (PER: HON'BLE Mrs JUSTICE K S HEMALEKHA) The appellant – wife and respondent – husband are present before the Court along with their respective counsel. A joint compromise petition is filed under Order 23 Rule 3 read with Section 151 of CPC by both the parties, duly signed by them and their respective counsels. 2. The terms of the compromise petition is culled out as under: “2. It is submitted that, due to misunderstanding between the petitioner and respondent, the parties to the appeal agreed for - 3 - HC-KAR NC: 2025:KHC-K:2896-DB MFA No. 201490 of 2025 divorce by mutual consent. Therefore the appellant and respondent had filed petition U/Sec. 13-B of Hindu Marriage Act, 1955. After hearing both the parties, the learned Principal Judge Family Court Kalaburagi in MC.No.16/2021, allowed the petition filed by the appellant and respondent by the order dated 16.02.2021. and the marriage between the parties to the appeal came to be dissolved. 3. It is submitted that, Recently due to the intervention of family members and well wishers, both the appellant and respondent have resolved dispute among themselves, now misunderstanding between the parties has been resolved and have realized their mistakes and have decided to live together, therefore a hope has sprung among themselves for the happy re- union, but the judgment is coming in the way for leading happy married life in the society. Therefore the appellant is before this Hon’ble Court to setting aside the impugned judgment under challenge in order to lead the marital life together. 4. It is agreed between the parties that, the respondent shall make an arrangement for their residence at Bellari and would continue to live together as husband and wife at Bellari residence. - 4 - HC-KAR NC: 2025:KHC-K:2896-DB MFA No. 201490 of 2025 5. That the parties have voluntarily and of their own free will entered into this compromise without any coercion, undue influence, or pressure from any quarter.” s 3. Appellant and respondent are duly identified by their respective counsels. 4. It is submitted that the decree of divorce granted by mutual consent vide order dated 16.02.2021 by the Family Court, Kalaburagi in MC.No.16/2021 was obtained at a time when the relationship between the parties had strained, but subsequent to that, due to mutual understanding and willingness, the parties have resolved all their dispute amicably. 5. Being satisfied that, in matrimonial matters, compromise and reconciliation are to be encouraged, we accept the compromise and take it on record. The compromise petition shall form part and parcel of the order. - 5 - HC-KAR NC: 2025:KHC-K:2896-DB MFA No. 201490 of 2025 6. In light of the compromise, the judgment and decree dated 16.02.2021 passed in M.C.No.16/2021 on the file of the Family Court, Kalaburagi, is hereby set aside and the present appeal stands disposed of in terms of the compromise petition. Registry to draw decree, accordingly. Sd/- (MOHAMMAD NAWAZ) JUDGE Sd/- (K S HEMALEKHA) JUDGE MCR List No.: 2 Sl No.: 1 CT:NI