- 1 - HC-KAR NC: 2025:KHC:21687-DB MFA No. 7015 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 PRESENT THE HON'BLE MR JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 7015 OF 2023 (FC) BETWEEN: SMT. GAYATHRI KUMARI MISHRA WIFE OF RAJANKUMAR MISHRA AGED 42 YEARS, R/AT NO.14 1ST CROSS, 2ND MAIN, 1ST BLOCK, SOMESHWARANAGAR, JAYANAGAR, BENGALURU-560011. ALSO AT R/AT C/O KARNATAKA HINDI PRACHAR SAMITHI NO 7, 3RD CROSS, 1ST BLOCK JAYANAGAR, NEAR ASHOKA PILLAR BENGALURU 560011. …APPELLANT (BY SRI. PRAKASHA K V.,ADVOCATE) AND: SRI. RAJANKUMAR MISHRA SON FO SRI SHRIKANT MISHRA AGED 45 YEARS R/AT NO 19, 3RD CROSS GUNDAPPA BLOCK, J C NAGAR BENGALURU 560006 …RESPONDENT (BY SRI. KAPIL DEV C ULLAL.,ADVOCATE) THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, 1961 READ WITH SECTION 28 OF HINDU MARRIAGE ACT, 1955 AGAINST THE JUDGMENT Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21687-DB MFA No. 7015 of 2023 AND DECREE DATED 01.08.2023 PASSED IN M.C.NO. 1283/2014 ON THE FILE OF THE VI ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(i-a) AND (i-b) OF THE HINDU MARRIAGE ACT,1955. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD and HON'BLE MR JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR JUSTICE B M SHYAM PRASAD) The appellant, who is aggrieved by the dissolution of marriage to the respondent in M.C.No.1283/2014 on the file of the VI Additional Principal Judge, Family Court, Bengaluru [for short, 'the Family Court'] by the impugned order and decree dated 01.08.2023, has filed this appeal. It is seen from the records that there are proceedings in Crl.Misc.No.67/2018 between the appellant and the respondent under the provisions of the Protection of Women from Domestic Violence Act, 2005 [for short, 'the Act']. - 3 - HC-KAR NC: 2025:KHC:21687-DB MFA No. 7015 of 2023 The learned counsels for the appellant and the respondent place on record the respective memos. The learned counsel for the appellant, along with the memo filed by him, has filed a copy of the Memorandum of Settlement signed and accepted by the appellant and the respondent in the proceedings in Crl.Misc.No.67/2018. The parties have agreed as under: "5. It is understood between the parties that the cases filed by them against each other shall be close/quash/withdraw in view of this agreement. a) The 1st petitioner has agreed to withdraw MFA No.7015/2023 which is pending before the Hon'ble High Court of Karnataka, Bengaluru and has no objection for granting of divorce. b) The 1st petitioner has agreed to withdraw WP.No.10370/2023 which is pending before the Hon'ble High Court of Karnataka, Bengaluru. 6. Both the petitioners state that agree that, they have no claims over the movable or immovable properties belonging to each - 4 - HC-KAR NC: 2025:KHC:21687-DB MFA No. 7015 of 2023 other either existing at present or to be acquired in future. 7. Both the parties state that they have no claims of whatsoever nature against each other either for the past, present or future. 8. 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. 9. Both the parties admit that they shall not interfere in the lives of each other in future." Further, the appellant has agreed to withdraw his appeal resulting in confirmation of the decree for divorce apart from agreeing to withdraw the petition in W.P.No.10370/2023. The learned counsel for the respondent has placed on record a copy of the Pay Order dated 08.04.2021 drawn in favour of the appellant for a sum of Rs.11,00,000/-. The appellant and the respondent are present, and they are identified by their respective learned counsels. They reiterate the terms with the appellant acknowledging - 5 - HC-KAR NC: 2025:KHC:21687-DB MFA No. 7015 of 2023 the receipt of Pay Order for Rs.11,00,000/- as aforesaid. In the light of the afore, the appeal is allowed- in-part confirming the decree of dissolution as is granted by the decree dated 01.08.2023, but on the mutually agreed terms as aforesaid. The office is directed to draw the decree accordingly. SD/- (B M SHYAM PRASAD) JUDGE SD/- (G BASAVARAJA) JUDGE SA ct:sr