- 1 - NC: 2025:KHC:10304-DB MFA No. 5876/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MRS. JUSTICE K.S.MUDAGAL AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL No. 5876 OF 2022 (MC) BETWEEN: VIJAY KUMAR N., AGED ABOUT 38 YEARS, S/O LATE NANJAPPA R RESIDING AT No.515 9TH CROSS, BALAJI KRUPA LAYOUT, R. K. HEGDENAGAR, BANGALORE-560077. NOW RESIDING AT No.14/3, 1ST CROSS, MUNIKRISHNAPPA LAYOUT, ADUGUDI, BANGALORE-560030 …APPELLANT (BY SMT. RAJAMANI P., ADVOCATE) AND: SMT. NANITHA G. K., AGED ABOUT 27 YEARS, D/O KRISHNA GOWDA, RESIDING AT GOWDAGERE, KARABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT …RESPONDENT (BY SRI MARUTHI G. B., ADVOCATE FOR C/R) THIS MFA IS FILED UNDER SECTION 28(1) OF HINDU MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED 09.06.2022 PASSED IN MC No.8/2022 ON THE FILE OF THE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: High Court of Karnataka - 2 - NC: 2025:KHC:10304-DB MFA No. 5876/2022 ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHANNARAYAPATNA, HASSAN, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ia)(ib) OF THE HINDU MARRIAGE ACT. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL) Learned counsel for respondent submits that the costs are received. Therefore, office objections stood complied. Both the parties and their counsel are present before the Court. Parties are duly identified by their respective counsel. 2. The registry has placed on record memorandum of settlement entered into by the parties before the Karnataka Mediation Centre. Heard the parties on the memorandum of settlement which reads as follows; "1. Both appellant and respondent state that there is absolutely no chance of reunion between them and they are now agreeable to dissolve their marriage. - 3 - NC: 2025:KHC:10304-DB MFA No. 5876/2022 2. It is agreed between the parties that the custody of the minor son Manvith Gowda, shall be with remain respondent/mother and further that the appellant shall have visitation rights to the minor child as amicably agreed between them with regard to the day, time of visitation and sharing of the vacations and festivals with the minor child. 3. In view of the settlement herein between the parties, the appellant has agreed as follows: (i) To pay the respondent an amount of Rs.2,00,000/-(Rupees Two Lakhs Only) vide demand draft dated 29.01.2025, bearing No.153083, and drawn on Canara Bank, Madiwala Branch, Bengaluru in favour of Nanitha G.K. towards the full and final settlement of all the claims made by the respondent against him and the respondent has also agreed to receive the same. (ii) To pay an amount of Rs.3,00,000/- (Rupees Three Lakhs Only) vide demand draft dated 29.01.2025, bearing No.153082, and drawn on Canara Bank, Madiwala Branch, Bengaluru in favour of Manvith Gowda towards educational and day to day expenses. The said Demand Drafts is agreed to be handed over to the respondent by the appellant before the Hon'ble High Court at the time of passing of the final order on this settlement agreement. 4. In view of this settlement between the parties, the respondent has agreed to withdraw Crl.Misc.474/2022, pending before Senior Civil Judge and JMFC, Channarayanapatna which is arising out of Crl.Misc.473/2017 before the said court. - 4 - NC: 2025:KHC:10304-DB MFA No. 5876/2022 5. The respondent states that she has not filed any other cases which are pending against the appellant other than what is mentioned in afore mentioned paragraphs. 6. The respondent states that she will not claim any maintenance or permanent alimony against the appellant other than the amount that is mentioned in para No.3 herein above. 7. Both the parties agree to exchange all their valuables including gold jewelry and other articles before the Hon'ble Court at the time of settlement. 8. Both parties state that they have no other claims of whatsoever nature either movable or immovable properties against each other. 9. The parties further state that there has been no collusion or force, fraud or any undue influence in entering into this settlement agreement in the aforesaid manner. 10. Both the parties agree that they will not interfere in the lives of each other in future." 3. The respondent admits that she has agreed for dissolution of marriage on receiving the sum of Rs.2,00,000/- + Rs.3,00,000/- as maintenance for herself and child in full settlement of her claim. Respondent admits receipt of Demand Draft for a sum of Rs.2,00,000/- + Rs.3,00,000/- as mentioned in paragraph No.3 of the memorandum of settlement. Respondent further admits to withdraw Crl.Misc. No.474/2022 - 5 - NC: 2025:KHC:10304-DB MFA No. 5876/2022 as agreed in paragraph No.4 of the memorandum of settlement. Parties submit that the gold articles as mentioned in paragraph No.7 of the memorandum of settlement are exchanged. 4. Satisfied that memorandum of settlement is voluntary one and admissible under law. Therefore, recording the same, the Court passes the following, O R D E R (i) The appeal is allowed. (ii) The impugned judgment and decree in MC No.8/2022 passed by the Senior Civil Judge and JMFC, Channarayapatna is hereby set aside. (iii) The petition in M.C. No.8/2022 is allowed in terms of the memorandum of settlement dated 29.01.2025 executed by the parties before the Karnataka Mediation Centre, Bengaluru. (iv) The marriage of the appellant and the respondent solemnized on 19.02.2016 at Smt. Lalitha Devanath Kalyana Mantapa, Shravana Belagula is hereby dissolved. - 6 - NC: 2025:KHC:10304-DB MFA No. 5876/2022 Draw decree in terms of the memorandum of settlement. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (K. V. ARAVIND) JUDGE VBS/List No.: 1 Sl No.: 51