- 1 - NC: 2025:KHC:8934-DB MFA No.2354/2023 C/w MFA No 2359/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.2354/2023 (FC) C/W MISCELLANEOUS FIRST APPEAL NO.2359/2023 (FC) BETWEEN: SMT.V LATHA W/O SRI ARVIND KUMAR D/O SRI VENKATESH AGED ABOUT 34 YEARS R/AT NO.9, DOOR NO.301 3RD FLOOR, 7TH MAIN DATTATHREYA NAGAR HOSEKEREHALLI, BANGALORE – 560 025 PRESENTLY R/AT NO.52 1ST MAIN, KENGERI SATELLITE TOWN BANGALORE – 560 060 …APPELLANT (COMMON) (BY SRI KALYAN R, ADVOCATE) AND: SRI ARVIND KUMAR S/O SRI M C VENKATESH AGED ABOUT 36 YEARS PERMANENTLY R/AT No.418 BEML LAYOUT, 7TH STAGE R V COLLEGE POST, MYLASANDRA BANGALORE – 560 059 AT PRESENT R/AT PAYING GUEST NO.13/1 DODDAMANGALA, ELECTRONIC CITY 2ND PHASE BANGALORE – 100 …RESPONDENT (COMMON) (BY SRI G.B.SHARATH GOWDA, ADVOCATE) Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:8934-DB MFA No.2354/2023 C/w MFA No 2359/2023 M.F.A.NO.2354/2023 IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT 1984 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 14.03.2023 PASSED IN M.C.NO.248/2017 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE PETITION FILED UNDER SECTION 9 OF THE HINDU MARRIAGE ACT, 1955. M.F.A.NO.2359/2023 IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT 1984, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 14.03.2023 PASSED IN M.C.NO.1591/2015 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1) (ia) OF THE HINDU MARRIAGE ACT, 1955. THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: 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) Respondent Arvind Kumar.V, in both cases is the husband of the appellant. Sri G.B.Sharath Gowda, learned Counsel has filed vakalat for the said respondent in M.F.A.No.2359/2023 as caveator. He undertakes to file vakalat in the Registry during the course of the day in M.F.A.No.2354/2023. 2. Appellant, respondent and their respective Counsel are present. Both parties are duly identified by their respective Counsel. - 3 - NC: 2025:KHC:8934-DB MFA No.2354/2023 C/w MFA No 2359/2023 3. Parties submit compromise petition under Order XXIII Rule 3 of CPC read with Section 13B of the Hindu Marriage Act, 1955. 4. Heard parties on compromise petition. Parties admit execution of the compromise petition and the terms of the same. 5. Appellant admits that in terms of the compromise petition, she has agreed for confirmation of the decree of dissolution of marriage passed by the trial Court on receiving Rs.17,00,000/- in full and final settlement of her claim towards permanent alimony. She admits that a sum of Rs.10,00,000/- and Rs.7,00,000/- by way of demand drafts as mentioned in para 3(c) of the compromise petition are handed over to her. She acknowledges receipt of the same. 6. As per the terms of the compromise petition, the appellant has agreed that she is withdrawing the allegations made against the respondent in C.C.No.29760/2015 which is pending before XXXVII Additional Chief Metropolitan Magistrate, Bengaluru. She admits that she would cooperate for closure of the said case. - 4 - NC: 2025:KHC:8934-DB MFA No.2354/2023 C/w MFA No 2359/2023 7. Satisfied that the compromise is voluntary one and admissible under law. Therefore the same is recorded. Hence, the following: ORDER The appeals are allowed. The impugned judgment and decree in M.C.No.1591/2015 and M.C.No.248/2017 passed by the Principal Judge, Family Court, Bangalore are hereby set aside. M.C.No.1591/2015 is allowed in terms of the compromise petition. The marriage of the petitioner and the respondent in M.C.No.1591/2015 solemnized on 02.06.2013 at Green Palace, Mandya is hereby dissolved by mutual consent. In view of the judgment in M.C.No.1591/2015, M.C.No.248/2017 does not survive for consideration and disposed of accordingly. Draw decree in terms of the compromise petition. Pending IAs, if any stood disposed of. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (C.M. POONACHA) JUDGE KSR List No.: 1 Sl No.: 37