- 1 - HC-KAR NC: 2025:KHC-D:14117 WP No. 103435 of 2025 C/W WP No. 103434 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103435 OF 2025 (GM-FC) C/W WRIT PETITION NO. 103434 OF 2025 IN W.P.NO.103435/2025: BETWEEN: PARASHURAM KADEMANI S/O. PEERAJI, AGE. 38 YEARS, OCC. PRIVATE JOB, R/O. ANJAYANAYA NAGAR, 6TH CROSS, KALAGERI, DHARWAD – 580 007. …PETITIONER (BY SRI. N.V.YAJI, ADVOCATE) AND: SMT. ASHWINI P KADEMANI W/O PARASHURAM KADEMANI, AGE. 28 YEARS, R/O. ANJANYANAYA NAGAR, 7TH CROSS, KALAGERI, DHARWAD – 580 007. …RESPONDENT (BY SRI. ANIL H. BUDAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED PRINCIPAL JUDGE, FAMILY COURT DHARWAD DTD 16.04.2025 PASSED ON I.A.NO.3 IN G AND W NO.15/2024 VIDE ANNEXURE-E TO THE WRIT PETITION AS IT IS ILLEGAL AND CONSEQUENTLY ALLOW THE I.A.NO.3 FILED BY THE PETITIONER U/SEC.6 AND OF THE GUARDIAN AND WARDS ACT AND SEC.151 OF CPC DTD 11.09.2024 IN G AND W NO.15/2024 ON THE FILE OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, DHARWAD VIDE ANNEXURE-B TO THE WRIT PETITION AND ETC., Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:14117 WP No. 103435 of 2025 C/W WP No. 103434 of 2025 IN W.P.NO.103434/2025: BETWEEN: PARASHURAM KADEMANI S/O. PEERAJI, AGE. 38 YEARS, OCC. PRIVATE JOB, R/O.ANJANAYA NAGAR, 6TH CROSS, KALAGERI, DHARWAD – 580 007. …PETITIONER (BY SRI. N.V.YAJI, ADVOCATE) AND: 1. SMT. ASHWINI P KADEMANI W/O. PARASHURAM KADEMANI, AGE. 28 YEARS R/O.ANJANAYA NAGAR, 7TH CROSS, KALAGERI, DHARWAD – 580 07. 2. VAISHNAVI KADEMANI, AGE. 10 YEARS 3. VINAYAK KADEMANI, AGE. 8 YEARS, 4. SHREYA KADEMANI AGE. 6 YEARS PETITIONER NO.2 TO 4 ARE MINOR R/BY THEIR MOTHER GUARDIAN I.E.RESPONDENT NO.1 ALL ARE RESIDING AT RESPDT.NO.1 ADDRESS I.E., R/O ANJANAYA NAGAR 7TH CROSS KELAGERI, DHARWAD. …RESPONDENTS (R1 – SERVED; R2 TO R4 ARE MINORS R/BY R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE CERTIORARI AND QUASH THE IMPUGNED ORDER PASSED BY THE LEARNED PRL. JUDGE, FAMILY COURT, DHARWAD DTD. 19.03.2025 PASSED IN CRL. MISC. NO. 126/2024 ON I.A. NO. 3 VIDE ANNEXURE-E TO THE WRIT PETITION AS IT IS ILLEGAL AND ARBITRARY AND ETC., - 3 - HC-KAR NC: 2025:KHC-D:14117 WP No. 103435 of 2025 C/W WP No. 103434 of 2025 THESE WRIT PETITIONS, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. This Court had referred the matter for settlement before the mediation. It transpires that there has been a compromise entered into before the mediation. The terms of compromise reads as follows: “MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF THE CIVIL PROCEDURE READ WITH RULES-24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2007 JOINT COMPROMISE PETITION FILED UNDER ORDER 23 RULE 1 OF CPC The parties to the above case states as hereunder: 1. The marriage of the parties hereto was performed in accordance with customs and traditions prevail in the community on 01.05.2014 at Dharwad. Out of the said wedlock, the respondent has begotten 03 children namely Kumari Vaishnavi, Kumar Vinayak and Kumari Shreya respectively. 2. Due to difference of opinion arosed between the parties hereto, which made them to file following cases. a) Criminal Misc.No. 126/2024 is filed by the respondent seeking for maintenance pending on the file of learned Prl. Judge, Family Court, Dharwad. b) G & WC No.15/2024 been filed by the petitioner seeking for custody of all the 03 - 4 - HC-KAR NC: 2025:KHC-D:14117 WP No. 103435 of 2025 C/W WP No. 103434 of 2025 children, pending on the file of learned Family Court at Dharwad. c) MC No.127/2025 been filed by the petitioner seeking for decree of divorce, which is pending on the file of Prl.Family Court, Dharwad. d) O.S.No.688/2024 is pending before the learned Prl. & JMFC at Dharwad, which being filed by the mother of the respondent as against the petitioner and his mother seeking for the relief of injunction in respect of a house property morefully described in the plaint. 3. Due to interference of the family elders and well- wishers the parties have voluntarily agreed to settle there differences and disputes amicably. The terms and conditions of the settlement/compromise arrived between the parties are in the following manner. i) The petitioner has agreed to withdraw G & WC No.15/2024 pending before learned Pri Family Court at Dharwad on the next date of hearing voluntarily. ii) The respondent also agreed to withdraw criminal Misc. No. 126/2024 pending before learned Prl.Family Court, Dharwad voluntarily on the next date of hearing. iii) O.S.No.688/2024 though filed by the mother of the respondent but the respondent has undertaken and assured that the said suit would be voluntarily withdrawn by her mother on the next date of hearing subject to handing over vacant possession of the suit schedule property by the petitioner to the mother of the respondent. iv) In compliance of the above said conditions, the petitioner has vacated the suit schedule property and as a token of handing over the vacant possession in a good condition has - 5 - HC-KAR NC: 2025:KHC-D:14117 WP No. 103435 of 2025 C/W WP No. 103434 of 2025 handover the main door key today to the respondent in presence of the learned Advocates appearing for both the parties. The respondent and her mother are having no grievance in respect of the suit schedule house property forthwith as against the petitioner and his mother who are the defendants in O.S.No.688/2024. v) Both the petitioner and the respondent voluntarily agreed to file an application in the pending M.C.No. 127/2025 pending before the learned Pri.Family Court, Dharwad seeking for divorce by mutual consent on the next date of hearing viz. 23.10.2025 without fail. vi) Both parties further have mutually agreed that the petitioner is having visitation right of his 03 children only on second and fourth Sunday of each English calendar month and to have custody of the children on the said day from 10:00 A.M. to 06:00 P.M. The petitioner shall take custody of all the childrens by visiting residential house / premises of the respondents and handover the custody of the children in the premises / house from where he had taken custody of the children. vii) The petitioner undertakes not to give any kind of threat or cause inconvenience in any manner to his childrens during the custody of them with him. 00 the other hand the respondent has also assured that on the above said date and time she would voluntarily give custody of 03 children to the petitioner. viii) The petitioner has also agreed to pay school fees including school bus charges of all 03 children till all of them attaining the age of majority, Further, also assures to give or provide needs of the children as and when he is capable to do so from time to time. The - 6 - HC-KAR NC: 2025:KHC-D:14117 WP No. 103435 of 2025 C/W WP No. 103434 of 2025 respondent shall not raise objection in any manner in the event any article / gift or any necessary things brought by the petitioner to his children due to love and affection towards them, including on special occasion of the children (Birthday celebration, Festival and other auspicious occasions). Further, the petitioner has agreed pay the admission fees of his all three children within May 28 to June 01st of every year till completion of their school education. ix) The petitioner voluntarily agreed to delete all photographs of the respondent from his mobile and further agreed to not to disclose the photograph of the respondent direcly or indirectly to any third parties including social media platform, more particularly the photographs of her produced in the above 02 writ petitions. x) Both parties are also agreed to ends their relationship as husband and wife forthwith and also agreed to Both parties are also agreed to end their relationship withdraw allegations and counter allegations in any manner. Both parties are also agreed to withdraw all allegations made in the cases which being filed by them and pending for adjudication before the court of law. xi) The respondent has give up all her claim as being the wife of the petitioner or the mother of children in any manner at any point of time. xii) The either of the party violates any one of the condition morefully mentioned herein supra are having absolute liberty to revoke this compromise. xiii) The petitioner and respondent are agreed that they have no other legal or moral obligation towards each other by virtue of marriage and have amicable settled all their claims as - 7 - HC-KAR NC: 2025:KHC-D:14117 WP No. 103435 of 2025 C/W WP No. 103434 of 2025 stated above. Thus, no claims shall be made each other in future except the violation of the conditions of this compromise. xiv) There is no threat, undue influence, coercion from anybody in any manner. Both parties are made this compromise voluntarily knowing fully well of the effect of the orders / judgment which would be passed by the learned Prl.Judge, Family Court, Dharwad in the pending cases. 4. That the petitioner and Respondent herein agreed that the custody of all 3 childrens will be with the Respondent except visiting hours period. 5. WHEREFORE, it is respectfully prayed that this Hon'ble Court may be pleased to Disposed off the above writ petitions in terms of the compromise made between the parties and pass such other orders, as this Hon'ble Court deems fit under the facts and circumstances of the case, to meet the interest of justice and equity 6. Parties will appear on 15.10.2025. before the Hon'ble court for passing orders/decree.” 2. In the light of the settlement arrived at between the parties, I deem it appropriate to dispose the petitions in terms of the settlement. In the light of the said settlement, the impugned order stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 29