- 1 - NC: 2025:KHC:14857-DB MFA No.5558/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE M.G.S. KAMAL MISCELLANEOUS FIRST APPEAL NO.5558/2019 (MC) BETWEEN: SMT.AMRITHA W/O SATHEESH CHANDRA D/O K. JANARDHANA ACHARYA AGED ABOUT 32 YEARS R/O SHIVARAM SHETTY COMPOUND KARLA CONSTRUCTIONS, ANANTHA SHAYANA KARKALA - 574 104, UDUPI DISTRICT. … APPELLANT (BY SRI.HAREESH BHANDARY T, ADVOCATE) AND: SRI. SATHEESH CHANDRA S/O VISHWANATH RAO AGED ABOUT 39 YEARS R/AT DOOR NO.81 T.V. SAMY ROAD, R.S.PURAM COIMBATORE - 641 002 … RESPONDENT (BY SRI. MAHESH SHETTY, ADVOCATE) THIS MFA IS FILED UNDER SECTION 28(1) OF HINDU MARRIAGE ACT, PRYING TO SET ASIDE THE JUDGMENT & DECREE DATED 27.05.2019 PASSED MC.NO.16/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE & ACJM, KARKALA, ALLOWING THE PETITION FILED BY THE PETITIONER UNDER SECTIONS 13(1)(i-a)(i-b) & (I- A)(ii) OF THE HINDU MARRIAGE ACT, 1955. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by ROOPA R U Location: High Court of Karnataka - 2 - NC: 2025:KHC:14857-DB MFA No.5558/2019 CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE M.G.S. KAMAL 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 read with Section 13(B) of the Hindu Marriage Act, 1955. 3. Heard parties on compromise petition. Parties admit execution of the compromise petition and the terms of the same. 4. The compromise petition reads as follows: "The Appellant and the Respondent most respectfully submit as follows: 1. That the Respondent had instituted M.C. No. 16/2015 before the Court of the Senior Civil Judge & Additional Chief Judicial Magistrate, Karkala, seeking a decree of dissolution of the marriage solemnized between the Appellant and the Respondent on 26.05.2010 at Bhagavan Sri Bahubali Pravachana Mandira, Danasale, Karkala, Udupi District. The said petition was allowed and the marriage was dissolved by judgment and decree dated 27.05.2019. Being - 3 - NC: 2025:KHC:14857-DB MFA No.5558/2019 aggrieved by the said judgment and decree, the Appellant preferred the present petition. 2. That, with the intervention of well-wishers, friends, and relatives, both parties have amicably resolved all their disputes and differences and have agreed to settle the matter in order to bring the litigation to an end. 3. That as per the terms of the settlement, both the Appellant and the Respondent have mutually agreed to accept and abide by the judgment and decree dated 27.05.2019 passed in M.C. No. 16/2015 by the Senior Civil Judge & ACJM, Karkala, dissolving their marriage solemnized on 26.05.2010 at Bhagavan Sri Bahubali Pravachana Mandira, Danasale, Karkala, Udupi District, thereby withdrawing the allegations made against each others, consequently to dissolve marriage by allowing the M.C. No.16/2015 before the Court of the Senior Civil Judge and Additional Chief Judicial Magistrat at Karkala dtd:27.5.2019. 4. That the judgment and decree dated 27.05.2019 also directed payment of permanent alimony to the Appellant at the rate of Rs.3,000/- (Rupees Three Thousand only) per month. However, both parties have now mutually agreed to modify the said arrangement and accept a one-time lump sum payment of Rs.5,00,000/- (Rupees Five Lakh only) in lieu of monthly maintenance. 5. That the Respondent has, on this day, paid the said amount of Rs.5,00,000/- (Rupees Five Lakh only) to the Appellant towards full and final settlement of permanent alimony, by way of Demand Draft bearing No. 25628 dated 04.04.2025, drawn on YES Bank, R.S. Puram Branch, Coimbatore. The Appellant hereby acknowledges the receipt of the said amount and accepts the same in full and final settlement of all her claims for maintenance and alimony, past, present, and future. 6. That the Appellant hereby undertakes and affirms that she shall not claim any further maintenance or alimony from the Respondent at any point in time hereafter, under any circumstances whatsoever. She further declares and undertakes that she shall not, now or in the future, claim any right, title, interest, or share in any movable or - 4 - NC: 2025:KHC:14857-DB MFA No.5558/2019 immovable properties of the Respondent, and expressly relinquishes all such claims permanently. 7. That the either of the parties undertakes that they shall not claim any marital relationship with each other hereafter, and shall not initiate or institute any legal proceedings, civil or criminal, against each others before any court of law in respect of their past matrimonial relationship or any matters arising therefrom. WHEREFORE, the parties herein respectfully pray that, this Hon'ble Court may be pleased to take this compromise petition on record by allowing the M.C. No.16/2015 before the Court of the Senior Civil Judge and Additional Chief Judicial Magistrate at Karkala dtd:27.5.2019 and pass an appropriate order, in the interest of justice and equity. 5. Respondent hands over the demand draft for Rs.5,00,000/- (Rupees Five Lakhs) to the appellant as stated in para No.5 of the compromise petition. The appellant admits the receipt of the demand draft. The parties admit that in future they have no claim against each other and they have agreed for dissolution of marriage voluntarily. 6. The records show that parties are living separately since 2010 and there is no chance of reunion. Satisfied that the compromise is voluntary one and admissible under law. Therefore recording the same Court passes the following: ORDER The appeal is allowed. The impugned judgment and order is hereby set aside. - 5 - NC: 2025:KHC:14857-DB MFA No.5558/2019 The petition in M.C.No.16/2015 on the file of Senior Civil Judge and ACJM, Karkala, is allowed in terms of the compromise petition. The marriage of the petitioner and the respondent solemnized on 26.05.2010 at Bhagavan Sri Bahubali Pravachana Mandira, Danasale, Karkala, Udupi District, is hereby dissolved by mutual consent. Draw decree in terms of the compromise petition. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (M.G.S. KAMAL) JUDGE YN List No.: 1 Sl No.: 54 CT: BHK