- 1 - NC: 2025:KHC:801-DB MFA No. 1758/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 1758/2024 (FC) BETWEEN: SRI PRAKASH S B AGED ABOUT 36 YEARS S/O MR. BASAVARAJ S.C R/O SHRUSHTI BUILDING NEAR PETROL BUNK HOLALKERE ROAD CHITRADURGA …APPELLANT (BY SRI. MAHESH L, ADVOCATE) AND: SMT VIJAYALAKSHMI AGED ABOUT 34 YEARS W/O PRAKASH S B R/AT 5TH CROSS NAGANUR ROAD, SHAMANURU DAVANAGERE …RESPONDENT (BY SRI. CHETAN DESAI, ADVOCATE) THIS MFA IS FILED U/S.19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DT.01.02.2024 PASSED IN MC NO.287/2022 ON THE FILE OF THE JUDGE, FAMILY COURT, DAVANAGERE, DISMISSING THE PETITION FILED U/S.13(1)(i-a) OF HINDU MARRIAGE ACT AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:801-DB MFA No. 1758/2024 CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) Both the parties and their counsel are present. The parties are duly identified by their respective counsel. 2. The parties submit Memorandum of Settlement. 3. Heard the parties on the Memorandum of Settlement. 4. The appellant and respondent admit voluntary execution of the Memorandum of Settlement and the terms of the same. 5. The marriage of the appellant and respondent was solemnized on 1.4.2016 as per the Hindu rites and customs. The appellant filed MC No.287/2022 before the Family Court, Davanagere, against the respondent seeking decree of Dissolution of Marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (for short the ‘Act’) on the ground of cruelty. The Family Court, by the impugned judgment and decree has dismissed the said petition. - 3 - NC: 2025:KHC:801-DB MFA No. 1758/2024 6. The parties admit that they are living separately since December, 2018 and all the efforts of conciliation for reunion have failed. The parties submit that their marriage has been irretrievably broken and therefore, they have agreed for dissolution of their marriage by mutual consent. 7. Respondent admits that she has agreed to receive `15,00,000/- as permanent alimony. She admits that the same is paid to her as stated in para 4 of the Memorandum of Settlement. 8. Both the parties submit that they have withdrawn the allegations made against each other. The respondent admits that she has agreed to withdraw Crl.Misc.No.221/2023 filed by her before the Family Court, Davanagere. 9. The materials on record show that the parties are living separately since December, 2018. Therefore, the requirement of Section 13B of the Act that the parties should be living separately since one year prior to the presentation of the petition is already satisfied. Satisfied that the Memorandum of Settlement is lawful and admissible under law. Therefore, recording the same, Court passes the following: - 4 - NC: 2025:KHC:801-DB MFA No. 1758/2024 ORDER i) The appeal is allowed; ii) The petition in MC No.287/2022 on the file of the Family Court, Davanagere, is decreed in terms of the Memorandum of Settlement; iii) The marriage of the appellant/petitioner and respondent solemnized on 1.4.2016 at Shamanuru Jayadevappa Parvathamma Samudaya Bhavana, Davanagere, is hereby dissolved; iv) Draw decree in terms of Memorandum of Settlement. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (C.M. POONACHA) JUDGE ND List No.: 1 Sl No.: 30