Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:1310-DB MFA No.3234/2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH 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.3234/2022 (MC) BETWEEN:
SMT.R PAVITHRA W/O SRI SATHYANARAYANA PRASAD H T AGED ABOUT 40 YEARS R/AT NO.3705, 2ND LANE POLICE QUARTERS OOTY ROAD, NANJANGUDU MYSURU DISTRICT – 571 301
…APPELLANT
(BY SRI PANCHAM R D, ADVOCATE) AND:
SRI SATHYANARAYANA PRASAD H T S/O THIMMEGOWDA AGED ABOUT 50 YEARS R/AT HEBBALE VILLAGE SOMAWARPET TALUK KODAGU DISTRICT - 571 236
…RESPONDENT
(BY SRI RAMESH R, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 28(1) OF HINDU MARRIAGE ACT, 1955 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 24.01.2022 PASSED IN MC NO.25/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HUNSUR, WHEREIN MARRIAGE PERFORMED ON 21.08.2008 STANDS DISSOLVED UNDER SECTION 13(1)(1b) OF THE HINDU MARRIAGE ACT, 1955.
THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
Digitally signed by K S RENUKAMBA Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:1310-DB MFA No.3234/2022
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)
Appellant, respondent and their respective Counsel are present. Both parties are duly identified by their respective Counsel.
2. Parties submit compromise petition under Order XXIII Rule 3 of CPC.
3. Heard parties on compromise petition. Parties admit voluntary execution of the compromise petition and the terms of the same.
4. This appeal is preferred against the decree for dissolution of marriage passed by Additional Senior Civil Judge & JMFC, Hunsur in M.C.No.25/2021 under Section 13(1)(1b) of the Hindu Marriage Act, 1955 on the ground of desertion.
5. Parties submit that at the intervention of the elders they have reconciled. The parties have a daughter by name Utsavi. So far she was living with appellant/mother. The parties have agreed to withdraw the allegations made against each
- 3 -
NC: 2025:KHC:1310-DB MFA No.3234/2022
other. They submit that the impugned judgment and decree of dissolution of marriage be set aside.
6. On hearing the parties and the Counsel, satisfied that the parties have voluntarily entered into compromise. Recording the compromise petition, the Court passes the following:
ORDER
(i) The appeal is allowed.
(ii) The impugned
judgment and decree dated 24.01.2022 in M.C.No.25/2021 passed by the Additional Senior Civil Judge & JMFC, Hunsur is hereby set aside. (iii) The petition in M.C.No.25/2021 is dismissed in view of compromise petition. (iv) Draw decree in terms of the compromise petition.
Sd/- (K.S.MUDAGAL) JUDGE
Sd/- (C.M. POONACHA) JUDGE
KSR List No.: 1 Sl No.: 3