- 1 - HC-KAR NC: 2025:KHC:18793-DB MFA No.1177/2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.1177/2017 (MC) BETWEEN: SRI S SHASHIKIRAN S/O V SRINIVAS AGED ABOUT 29 YEARS R/AT KORAMARAPETE BAMBU BAZAR, CHIKKABALLAPURA TALUK CHIKKABALLAPURA DISTRICT-560036 …APPELLANT (BY SRI AJAY N FOR SRI MITHUN G.A., ADVOCATE) AND: SMT MALINI DEVI W/O S SHASHIKIRAN AGED ABOUT 34 YEARS R/AT NEELATRU VILLAGE, RONUR HOBLI, SRINIVASAPURA TALUK KOLAR DISTRICT …RESPONDENT (BY SRI. G.M.SHANKARNAG FOR SRI B RAVINDRA.,ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 28(1) OF HINDU MARRIAGE ACT, 1955 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 03.01.2017 PASSED IN M.C.NO.76 OF 2015 ON THE FILE OF ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHICKBALLAPUR, DISMISSING THE PETITION FILED UNDER SECTION 13(1A) AND (1B) 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 VIJAYKUMAR A. PATIL Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18793-DB MFA No.1177/2017 ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) Appellant, respondent and their respective counsel are present. Parties are duly identified by their respective counsel. Parties submit the compromise petition along with demand draft dated 29.05.2025 for Rs.6,00,000/- drawn on Bank of India, Chikkaballapura Branch in favour of Registrar General, High Court of Karnataka. 2. Heard the parties on the compromise petition. Parties admit voluntary execution of the compromise petition and the terms of the same. The terms of compromise read as follows: “ The Petitioner and the Respondent most respectfully submit as under: 1. The Appellant herein is before this Hon'ble court challenging the Judgment passed in M.C. No. 76/2015 refusing to grant the decree of divorce dissolving the marriage dated 16.02.2014 solemnized between the Appellant and the Respondent & has filed this Appeal seeking for decree of Divorce. 2. Both parties submit that, the Appellant has filed the above suit against the Respondent with the prayer - 3 - HC-KAR NC: 2025:KHC:18793-DB MFA No.1177/2017 as stated above. When things stood thus, the parties hereby have settled their disputes amicably upon intervention of well-wishers, family, advocates and friends. Hence, this Compromise petition. 3. The Appellant and Respondent being Hindus by religion had solemnized their marriage on 16.02.2014 at Sri. Lakshmi Venkataramanaswamy Temple Ganibanda Village, Rayalgad Hobli, Srinivasapura Taluk as per Hindu rites and customs. Due to irrevocable differences incompatibility, the Appellant and Respondent have been living separately since 2014. Despite there being several attempts of reconciliation made by the parties, family members and friends, it is apparent that there is absolutely no chance of reconciliation or reunion. Hence, the Appellant and Respondent have decided to get the marriage between themselves dissolved by a decree of divorce as an amicable settlement. 4. The Appellant shall deposit a sum of Rs.6,00,000/- (Rupees Six Lakhs only) in favour of the Registrar General, High Court of Karnataka, by way of a Demand Draft. Accordingly, the Appellant has drawn a Demand Draft bearing No. 345314 dated 29.05.2025, issued by the Bank of India, in favour of the Registrar General, High Court of Karnataka. The Respondent shall be entitled to withdraw this amount only upon the withdrawal of all pending cases - 4 - HC-KAR NC: 2025:KHC:18793-DB MFA No.1177/2017 specified below, as well as any other related cases before all courts. Sl. No. Case No. Petitioner Respondent Court 01 Crl. Misc. 20/2015 Maalini Devi S S Shashikiran Prl. Civil Judge and JMFC at Srinivaspura- (Disposed) 02. Crl.Misc 32/2019 Maalini Devi S S Shashikiran Prl. Civil Judge and JMFC at Srinivaspura (pending) 03. C.C.146/2019 Town PS Chickballapur S Shashikiran Prl. Sr. Civil Judge and CJM (Acquitted on 03.10.2022) 04. Cri. R.P 29/2022 S Shashikiran Maalini Devi S District and sessions Judge at Kolar (Disposed) 05 Crl. Petition 1722/2024 S Shashikiran Maalini Devi S High Court Karnataka- (Pending) 5. The Appellant and Respondent expressly agree that they shall not interfere in each other's personal life or activities in any manner whatsoever, except as specifically outlined in this agreement. Both parties agree to withdraw and discontinue all pending legal proceedings before any courts. In the event that either party fails to withdraw or discontinue such proceedings, the other party shall have the right to present a copy of this agreement to the respective court and request that the case be dismissed as a compromised matter before the Hon'ble High Court of Karnataka. Such a request - 5 - HC-KAR NC: 2025:KHC:18793-DB MFA No.1177/2017 shall be made without the necessity of the other party's presence in court. 6. Both Appellant and Respondent submit that they have already exchanged their articles such as gold, silver and other valuables given or taken at the time of their marriage or otherwise and as such they have no further claims in this regard. The parties agree that there shall be no claims whatsoever against the other, in respect of any articles that are in their respective possession or that may come into their possession in the future. 7. Both the Appellant and the Respondent confirm that they have no claims to any movable or immovable properties, whether currently owned or to be acquired in the future, either individually or through any other means. 8. The Appellant and Respondent agree not to initiate any further legal proceedings, whether civil or criminal, against each other before any court or authority, either individually or on behalf of their relatives and they no issues (Children). Additionally, neither party will make any future claims for maintenance or seek arrears from the other. This agreement constitutes a full and final settlement, with no outstanding payments or future claims for alimony, maintenance, or similar obligations. - 6 - HC-KAR NC: 2025:KHC:18793-DB MFA No.1177/2017 9. Both the parties hereby declare that they shall have no claim of any nature whatsoever against each either present, past or future. 10. Both the Parties herein further state that there has been no collusion or force, fraud or any undue influence in entering into the settlement or agreement in the aforesaid manner. The parties agree that the present compromise petition is a reflection of their understanding and the terms of the same are finalized after due deliberations, amicably and upon mutual consent. Hence, the terms of the present petition are binding on the parties and shall not be challenged by them. 11. Both parties have requested this court to refund the appropriate court fee paid by the Appellants if any in view of this compromise. 12. Both parties hereby agree that they shall refrain from making any disparaging, defamatory, or damaging statements about each other, whether in public, private, or through any form of communication. Neither the Appellant nor the Respondent shall engage in any conduct or utter any words that could harm or damage the reputation, dignity, or integrity of the other party, either directly or indirectly, and shall take all reasonable measures to avoid any such actions. - 7 - HC-KAR NC: 2025:KHC:18793-DB MFA No.1177/2017 Wherefore, both parties pray that this Hon’ble Court may be pleased to dispose of the above said Appeal in terms of the compromise by placing this compromise petition on record in the interest of justice and equity.” 3. Parties admit that they are living separately since 2014 and it is not possible for them to live together in future. Satisfied that the compromise is lawful and admissible under law. Appellant admits that he has no objection to release the amount deposited before the Registrar General by way of demand draft. Respondent admits that she has agreed to releive Rs.6,00,000/- in full and final settlement of her claim for maintenance and she withdraws the cases pending between her and the appellant. Parties have further agreed that henceforth they will not file any case against each other. In the light of the above facts and circumstances, the compromise petition under Section 13B is recorded. Hence the following: ORDER The appeal is allowed in terms of the compromise petition. The impugned judgment and decree in MC No.76/2015 on the file of Addl. Senior Civil Judge & JMFC, Chickballapur is hereby set aside. - 8 - HC-KAR NC: 2025:KHC:18793-DB MFA No.1177/2017 The petition in M.C.No.76/2015 is allowed in terms of the compromise petition. The marriage of the appellant and respondent solemnized on 16.02.2014 at Lakshmi Venkataramanaswamy temple, Ganiband village Rayalpad Hobli, Srinivaspur Taluk is dissolved by mutual consent. Draw decree accordingly. Registry shall realize the demand draft and digitally release the amount deposited under the demand draft referred to above to the respondent on furnishing required documents. Send the DD to the Registry for compliance of the order. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE AKC List No.: 1 Sl No.: 2