Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:11250 CP No. 36 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR
CIVIL PETITION NO. 36 OF 2024
BETWEEN:
SMT.AKSHATA KATTIMANI D/O PRAKASH KATTIMANI AGED ABOUT 30 YEARS R/AT ANKIHTA HOUSE NO 290/1 NEAR OLD GANESH GAS GODOWN OPP GOVERNMENT PRIMARY SCHOOL AMARAVATHI, HOSAPETE VIJAYANAGARA- 583 201 …PETITIONER (BY SRI. AJAY J NANDALIKE.,ADVOCATE) AND:
SRI. SHREYAS SAMRAKSH J S/O JAYAPRAKASH K AGED ABOUT 36 YEARS R/AT No. 9/9 CONCORE PARADISE APARTMETS 10TH MAIN ROAD A CROSS BTM 1ST STAGE BENGALURU 560029 … RESPONDENT (BY SRI. SATISH S.,ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC 1908, PRAYING TO TRANSFER MC.NO.5100/2023 PENDING ON THE FILE OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, BENGALURU TO THE COURT OF THE LEARNED PRINCIPAL CIVIL JUDGE AND JMFC., HOSPETE.
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:11250 CP No. 36 of 2024
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR
ORAL ORDER
Learned counsel for petitioner as well as learned counsel for respondent alongwith the petitioner – Smt. Akshata Kattimani and respondent – Sri Shreyas Samraksh J are physically present before this Court. Petitioner and the respondent are identified by their respective counsels. 2. The present civil petition is filed by the petitioner – wife against the respondent – husband seeking transfer of M.C. No.5100/2023 pending on the file of the learned Prl. Judge, Family Court, Bengaluru to the Court of learned Prl. Civil Judge & JMFC, Hospete. 3. During the pendency of this petition, the matter was referred to the Karnataka Mediation Centre, Bengaluru, for resolving the dispute between the parties amicably. Accordingly, the parties appeared before the Karnataka Mediation Centre at Bengaluru. They submit that during the course of mediation, they have amicably settled the matter amongst themselves in order to maintain peace and harmony
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NC: 2025:KHC:11250 CP No. 36 of 2024
and to put an end to the matrimonial discord and ordeal by agreeing to certain terms and conditions. Accordingly, parties have entered into memorandum of settlement dated 15.2.2025 under Section 89 of the Code of Civil Procedure, 1908 r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules,
2005. 4. In terms of the memorandum of settlement entered into by the parties before the Karnataka Mediation Centre, learned counsels for the parties have filed ‘joint memo for settlement’ dated 18.3.2025 today in the open Court, praying to dispose of the instant petition as settled and direct the Family Court to dispose of M.C. No.5100/2023 as per the terms of the joint memo. The joint memo is signed by the petitioner and the respondent as well as their respective counsels. 5. The terms and conditions of settlement are enumerated in the joint memo. To verify the veracity of the joint memo, this Court interacted with the petitioner and the respondent, who are physically present before the Court. On enquiry, they agreed with regard to execution of the settlement agreement. The parties have also admitted the terms and conditions of the
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NC: 2025:KHC:11250 CP No. 36 of 2024
joint memo and they jointly submit that they have affixed their signatures to the joint memo voluntarily and after having understood the terms and contents of the joint memo, in order to put an end to the matrimonial discord between them.
They also confirm that there is no coercion or undue influence in execution of the settlement agreement and the joint memo between themselves. The parties agree to abide by the terms and conditions stipulated in the joint memo. 6. As per the joint memo and the settlement agreement, mainly, the respondent - husband has agreed to pay a sum of Rs.25,00,000/- (Rupees twenty five lakhs only) to the petitioner - wife towards all her claims of permanent alimony/maintenance, in full and final one time settlement. The said amount also includes expenses towards education, maintenance and welfare of the minor child – Master Anveshak S. The petitioner - wife has also agreed to withdraw/quash/close the cases filed against the respondent. Both the parties agreed to dissolve their marriage and agreed to report the instant settlement in M.C. No.5100/2023 pending on the file of the Prl. Judge, Family Court, Bengaluru. - 5 -
NC: 2025:KHC:11250 CP No. 36 of 2024
7. In view of the ‘joint memo for settlement’ dated 18.3.2025 filed before this Court, in terms of memorandum of settlement entered into by the parties before the Karnataka Mediation Centre, Bengaluru, this Court deems it appropriate to dispose of the present petition in the following terms:
i) This petition is disposed of as settled. ii) The Prl. Judge, Family Court, Bengaluru shall dispose of M.C. No.5100/2023 pending on his file as per the terms of the settlement agreement dated 15.2.2025 and the joint memo dated 18.3.2025 stated supra, upon the parties filing necessary application before the Family Court for dissolution of the marriage, in terms of the joint memo. iii) The respondent – husband has agreed to make payment of the amount as agreed in the joint memo and the petitioner has agreed to withdraw/close cases filed against the respondent and others as per the joint memo.
The concerned Courts shall permit for withdrawal/closure or compounding of the offence/s in the cases initiated against the respondent –
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NC: 2025:KHC:11250 CP No. 36 of 2024
husband and others as per the terms and conditions of the joint memo for settlement, upon the petitioner filing necessary application/memo, in accordance with law. iv) The terms and conditions enumerated in memorandum of settlement dated 15.2.2025 entered into between the parties before the Karnataka Mediation Centre as well as in the ‘joint memo for settlement’ dated 18.3.2025 filed before this Court, shall be read as part of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE
GSS List No.: 3 Sl No.: 14