- 1 - HC-KAR NC: 2025:KHC:18653-DB MFA No.770/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.770/2024 (MC) BETWEEN: SRI. VISHWANATHA .M SON OF MUNIREDDY AGED 44 YEARS R/AT. NO.18, HOUSE NO.8 VINAYAKANAGARA 1ST CROSS GUNJURU VILLAGE VARTHURU MAIN ROAD BANGALORE 560087. …APPELLANT (BY SRI. CHANDRAIAH, ADV.,) AND: SMT. SHWETHA .C WIFE OF SRI. VISHWANATHA .M R/AT. 1ST FLOOR, SRI. BALAJI RESIDENCES SORAHUNASE VILLAGE, VARTHURU HOBLI BENGALURU 560087. WORKING AT BACH LAY SCHOOL NEAR AIYAPPA TEMPLE RAJABHAVI ROAD, VARTHURU HOBLI BENGALURU 560087. … RESPONDENT (BY SRI. AJAY KUMAR, ADV.,) THIS MFA IS FILED U/S 28(1) OF HINDU MARRIAGE ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 01.12.2023 PASSED IN M.C.NO.328/2023 BY THE COURT OF PRL. SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT, BENGALURU AND ALLOW THE PETITION AND GRANT THE DECREE OF DISSOLUTION OF THE MARRIAGE SOLEMNISED ON SOLEMNISED ON 15.08.2014 BETWEEN THE APPELLANT AND RESPONDENT AT Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18653-DB MFA No.770/2024 NANDASHRI KALYANA MANTAPA GATTIGABBE, HOSAKOTE, BENGALURU IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S.MUDAGAL and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL) Appellant, respondent and counsel for both parties are present before the Court. 2. Both the counsel identify the respective parties. 3. The Aadhaar Card of respondent Shwetha C., D/o.Chandru K., resident of Hosakote, is produced. The same is returned on retaining its Xerox copy. Therefore, office objection on the petition under Section 13B of the Hindu Marriage Act, 1955 is over ruled. 4. Heard the parties on the petition under Section 13B of the Hindu Marriage Act, 1955. 5. Both the parties admit the voluntary execution of the said petition and the terms of the same. - 3 - HC-KAR NC: 2025:KHC:18653-DB MFA No.770/2024 6. Petition filed under Section 13B of the Hindu Marriage Act, 1955, reads as under: "1) The appellant and the respondent have legally wedded on 15/08/2014 at Nandashri Kalyana Mantapa Gattigabbe, Hosakote, Bengaluru, as per Hindu rites and rituals. Out of the said wedlock they are blessed with a male child on 26/11/2015. Due ideological differences, the parties are living separately since 26/08/2020 to till date. The child is in the custody of the respondent, the mother. 2) The parties state that their marriage is irretrievably broken and there is no chance of reunion. Hence, the parties have decided that in the interest of their future life, it is good and better for them to get dissolve their marriage mutually under the following terms and conditions: 3) It is submitted that the Respondent is gainfully employed in pre-school, not claiming maintenance. 4) The Appellant as agreed, is now pays a sum of Rs.6,00,000/- (Six lakhs rupees only) to the Respondent towards maintenance of the Child by way of DD bearing No 931328, dated: 19/04/2025, for a sum of Rs.6,00,000/-(Six lakhs), drawn on The South Indian Bank LTD, Bengaluru, Sarjapura Road Branch, which is not refundable and appellant has also agreed to pay school/college fee etc. - 4 - HC-KAR NC: 2025:KHC:18653-DB MFA No.770/2024 5) The appellant has also agreed that, he would pay/meet all the educational expenditure of the child, here-in-future. In case if the respondent pays/meets the educational expenditure of the child, the appellant would pay the same amount to the respondent. 6) It is submitted that the Respondent had already taken her gold and silver ornaments and belongings. 7) The parties have no claim of whatsoever against each other and there is no other cases pending between them before any court. 8) The parties further state that there is no collusion or force or undue influence in entering into the compromise in the aforesaid manner. 9) The appellant will have the visitation right to see the child once in 15 days as per the wish of the Child. 10) Both the parties admit that they shall not interfere in the lives of each other and their respective family members. 11) The terms of the compromise shall be the part of the decree. Wherefore, In view of the aforesaid compromise entered into between the parties, they pray that the Hon'ble court may kindly dissolve their marriage solemnized on 15/08/2014 at Nandashri Kalyana Mantapa Gattigabbe, Hosakote, Bengaluru, by granting a decree of Divorce, in the interest of justice and equity." - 5 - HC-KAR NC: 2025:KHC:18653-DB MFA No.770/2024 7. Both the parties admit that since 2020 they are living separately and their son is with respondent. Respondent admits that she has received Demand Draft for Rs.6,00,000/- as stated in para 4 of the application. The appellant admits that he has agreed to bear the educational expenses of the child in future. 8. Satisfied that the parties are not able to live together and the marriage is not workable. Therefore, it is a fit case to grant decree of divorce by mutual consent as prayed in the petition. The appeal deserves to be allowed. Hence, the following: ORDER i. Appeal is allowed. ii. The impugned judgment and decree dated 01.12.2023 in M.C.No.328/2023 passed by the Principal Senior Civil Judge, Bangalore Rural District, Bangalore, is hereby set aside. iii. The petition in M.C.No.328/2023 is allowed in terms of the petition under Section 13B of the Hindu Marriage Act, 1955, filed by the parties. iv. The marriage of the petitioner and the respondent solemnized on 15.08.2014 at Nandashri - 6 - HC-KAR NC: 2025:KHC:18653-DB MFA No.770/2024 Kalyana Mantapa, Gattigabbe, Hosakote, Bengaluru, is hereby dissolved. Draw decree accordingly. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 18