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2025 DAILYLAW 33541 (KAR)

SMT REKHA v. SRI K SHIVARAM

MFA/2652/2017 · 2025-03-17

K S Mudagal, K V Aravind

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Judgment text

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- 1 - NC: 2025:KHC:11024-DB MFA No. 2652 of 2017 C/W MFA No. 3137 of 2017 MFA No. 3138 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH 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. 2652 OF 2017 (FC) C/W MISCELLANEOUS FIRST APPEAL No. 3137 OF 2017 (GM) MISCELLANEOUS FIRST APPEAL No. 3138 OF 2017 (GM) BETWEEN: SMT. REKHA, W/O K. SHIVARAM, D/O SOMASHEKHARAPPA, NOW AGED ABOUT 29 YEARS, R/O B. BEERANAHALLI, SHIVAMOGGA TALUK DISTRICT- 577 227 …APPELLANT (COMMON) (BY SRI PRAVEENKUMAR G. R., ADVOCATE) AND: SRI K. SHIVARAM, S/O KRISHNAPPA A., NOW AGED ABOUT 37 YEARS, R/O No.6, 10TH MAIN ROAD, MATHIKERE EXTENSION, BENGLAURU-560 054 …RESPONDENT (COMMON) (BY SRI C.H. JADHAV., SENIOR ADVOCATE FOR SRI CHETAN JADHAV, ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: High Court of Karnataka - 2 - NC: 2025:KHC:11024-DB MFA No. 2652 of 2017 C/W MFA No. 3137 of 2017 MFA No. 3138 of 2017 MFA No.2652/2017 IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 09.03.2017 PASSED IN M.C.No.54/2012 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) & (iii) OF THE HINDU MARRIAGE ACT. MFA No.3137/2017 IS FILED UNDER SECTION 47(a) OF THE GUARDIAN & WARDS ACT, AGAINST THE JUDGMENT AND DECREE DATED 09.03.2017 PASSED IN G & WC No.02/2012 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA, ALLOWING THE PETITION FILED U/S 7 & 17 OF THE GUARDIANS AND WARDS ACT. MFA No.3138/2017 IS FILED UNDER SECTION 47(a) OF THE GUARDIAN AND WARDS ACT, 1890, AGAINST THE JUDGMENT AND DECREE DATED 09.03.2017 PASSED IN G AND W.C.No.15/2016 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT SHIVAMOGGA, DISMISSING THE PETITION FILED UNDER SECTION 7,8 AND SECTION 17 OF THE GUARDIANS AND WARDS ACT, 1890. THESE APPEALS COMING ON FOR REPORTING SETTLEMENT THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL and HON'BLE MR JUSTICE K. V. ARAVIND - 3 - NC: 2025:KHC:11024-DB MFA No. 2652 of 2017 C/W MFA No. 3137 of 2017 MFA No. 3138 of 2017 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE K.S.MUDAGAL) Appellant Smt. Rekha, respondent Sri K.Shivaram in all these appeals and Purushotham son of the couple are present. 2. Learned counsel for appellant and Sri C.H.Jadhav, learned Senior Counsel appearing for Sri Chetan Jadhav, advocate on record for the respondent are present. Parties are duly identified by their respective Counsel. 3. Memo of compromise is filed stating that the parties have reconciled and living together cordially with their children. It is further submitted that they are withdrawing the petitions filed by them against each other. The respondent-husband has undertaken to take care of his wife and children in future. 4. Heard the parties on memo of compromise. Parties admit execution of the same. - 4 - NC: 2025:KHC:11024-DB MFA No. 2652 of 2017 C/W MFA No. 3137 of 2017 MFA No. 3138 of 2017 5. Satisfied that the memo of compromise executed is voluntary and admissible under law. Therefore, the same is recorded. Hence, the following order; ORDER (i) The appeals are allowed. (ii) The impugned judgment and decree are hereby set aside. (iii) M.C.No.54/2012, G & WC No.2/2012 and G & WC No.15/2016 on the file of the Principal Judge, Family Court, Shivamogga, are disposed of as withdrawn. The Court places on record its appreciation for the efforts of learned counsel on both sides in bringing settlement between the parties. Pending IAs, if any, stood disposed of. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (K. V. ARAVIND) JUDGE MV, List No.: 1 Sl No.: 42