- 1 - NC: 2025:KHC:10305-DB MFA No.6709/2023 C/W MFA No.8829/2023 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. 6709 OF 2023 (FC) C/W MISCELLANEOUS FIRST APPEAL No. 8829 OF 2023 BETWEEN: MR. PRANOSIJ CHAKRABORTY, S/O. MR. PRANAB CHAKRABORTY, AGED ABOUT 38 YEARS, R/A, CEDAR-B-1401, GREENAGE, BOMMANAHALLI, HOSUR ROAD, BANGALORE-560 068 … APPELLANT (COMMON) (BY SMT. NAFIA K.P., ADVOCATE FOR SMT. BEENA P. K., ADVOCATE) AND: MRS. PIALI KUNDU, W/O. MR. PRANOSIJ CHAKRABORTY, D/O. LATE MR. SHYAMAL KUMAR KUNDU, AGED ABOUT 36 YEARS, R/AT NEW PARK, G.T. ROAD, P.O. BANDEL, P. S. CHINSURAH, HOOGHLY, WEST BENGAL-712 123. ALSO AT SRI BALAJI LADIES PG, RB HOMES, No.79, 17TH MAIN ROAD, KATHALI PALYA, Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: High Court of Karnataka - 2 - NC: 2025:KHC:10305-DB MFA No.6709/2023 C/W MFA No.8829/2023 6TH BLOCK, KORAMANGALA, BENGALURU-560 095 … RESPONDENT (COMMON) (BY SMT. RAJAMANI P., ADVOCATE FOR C/R) THESE MISCELLANEOUS FIRST APPEALS ARE FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 01.07.2023 PASSED IN M.C.No.1110/2020 C/W M.C.No.2462/2020 ON THE FILE OF THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1) (ia) AND (ib) OF THE HINDU MARRIAGE ACT AND ALLOWING THE PETITION FILED UNDER SECTION 9 OF THE HINDU MARRIAGE ACT RESPECTIVELY. THESE APPEALS 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) Both the parties and their counsel are present before the Court. Parties are duly identified by their respective counsel. 2. Parties submit joint memorandum of settlement. 3. Heard the parties on the memorandum of settlement. They admit the execution of memorandum of settlement and the terms of the same. 4. Respondent admits that she has agreed for dissolution of marriage on receiving Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousand Only) from the appellant in full - 3 - NC: 2025:KHC:10305-DB MFA No.6709/2023 C/W MFA No.8829/2023 settlement of her claims towards permanent alimony. She further admits that she has received the Demand Draft as stated in paragraph No.5(a) of the memorandum of settlement and exchange of gold jewellery as mentioned in paragraph No.5(b) of the memorandum of settlement. Satisfied that the compromise between the parties is voluntary one and admissible under law. 5. These appeals arise out of the common judgment and decree in M.C. No.1110/2020 connected with M.C. No.2462/2020 and the trial Court has dismissed the petition of the husband-appellant herein for dissolution of marriage and allowed the petition of respondent-wife for restitution of conjugal rights. 6. It is submitted that parties are residing separately since 2015. On hearing the parties and perusal of the records satisfied that there is no chance of re-union between the parties and memorandum of settlement is admissible under law. Therefore, recording the same, the Court passes the following, O R D E R (i) Appeals are allowed. - 4 - NC: 2025:KHC:10305-DB MFA No.6709/2023 C/W MFA No.8829/2023 (ii) The impugned judgment and decree passed by III Additional Principal Judge, Family Court, Bengaluru in M.C. No.1110/2020 and M.C. No.2462/2020 are hereby set aside. (iii) M.C. No.1110/2020 is allowed in terms of the memorandum of settlement/compromise petition filed by the parties. (iv) The marriage of the appellant and the respondent solemnized on 13.07.2014 at Basanta Bahar, Chowk Bazar, Hooghly, West Bengal is hereby dissolved by mutual consent. (v) M.C. No.2462/2020 is hereby dismissed. Draw decree in terms of memorandum of settlement. Pending I.As. stood disposed of. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 58