- 1 - HC-KAR NC: 2025:KHC-D:11983-DB MFA No. 104389 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL MISCELLANEOUS FIRST APPEAL NO.104389 OF 2024 (FC) BETWEEN: SHRI. HARISH S/O VASUDEVRADDY MEKALI AGE. 36 YEARS, OCC. SERVICE, R/O H.NO. MIG-103, HUDCO COLONY, POST & DIST. GADAG 582101. …APPELLANT (BY SRI. K.L. PATIL, ADVOCATE) AND: SMT. PRATIKSHA W/O HARISH MEKLI AGE. 32 YEARS, OCC. SERVICE, D/O. C/O. BASAVARAJ MALLANAGOUDA PATIL, 14TH CROSS, VIDYAGIRI-BAGALKOTI. …RESPONDENT (BY SRI. SRINIVAS B. NAIK, ADVOCATE) THIS MFA IS FILED UNDER SECTION 19(4) OF FAMILY COURTS ACT, 1984, PRAYING TO ALLOW THIS MISCELLANEOUS FIRST APPEAL BY SETTING ASIDE THE ORDER DATED 05.09.2024 PASSED BY THE HON’BLE PRINCIPAL JUDGE FAMILY COURT, BAGALKOTI, IN M.C.NO.25/2022 AND GRANT DECREE OF DIVORCE IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS MFA COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11983-DB MFA No. 104389 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This appeal is filed challenging the judgment and award dated 05.09.2024 passed in M.C.No.25/2022 by the Prl. Judge Family Court, Bagalkot. 2. This Court, vide order dated 13.08.2025 at joint request of both the parties had referred the matter to mediation. Today learned counsel appearing for the appellant and the respondent moved the matter indicating that the matter has been settled before Mediation Centre. 3. The Memorandum of Settlement entered under Section 89 of the Code of Civil Procedure, 1908 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007 is placed before the Court. 4. We have had interacted with the appellant and the respondent who are physically present before the Court and also the parents of both the parties. The parties to the proceedings expressed that they have amicably resolved - 3 - HC-KAR NC: 2025:KHC-D:11983-DB MFA No. 104389 of 2024 the dispute and have decided to stay together in the matrimonial house. 5. It is further stated that the Memorandum of Settlement is entered into on their own volition and they have read the terms of Memorandum of Settlement and thereafter have affixed their signatures. 6. We have perused the Memorandum of Settlement, which reads as hereunder:- “MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF THE CODE OF THE CIVIL PROCEDURE READ WITH RULES-24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2007. The parties above named beg to submit as follows: 1. The aforesaid Appeal was referred to mediation for resolving the dispute, between the parties. During the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions: 2. Due to mis-understanding the parties were residing seperatly (sic) since 2019. The appellant and respondent due to intervention of relatives and Mediator, both parties have agreed to re-join with each other, and to live together peacefully in their own interest, and in the interest of their child at Bangalore. 3. In view of the settlement, the respondent has agreed to join the appellant to lead a happy marital life along with appellant. 4. That the appellant has agreed to take responsibility of the Respondent and his son namely Master. Jaikishan. Further - 4 - HC-KAR NC: 2025:KHC-D:11983-DB MFA No. 104389 of 2024 the appellant and respondent have undertaken to cooperate and support each other. Further the appellant has undertaken to shift himself to respondent house at Vajara halli Kanakupar road. In the betterment interest of the child and to carry forward the matrimonial relationship and by forgetting all the untowards incidents which took place earlier, both the appellant and respondent have rejoined together. Both the appellant and the respondent have agreed to respect each others feelings and decision. 5. Both the parties hereby state they will be faithful to each other, have trust and confidence on each other, respect each other, have love and affection on each other, not get themselves irritated against each other, not lose temperaments unnecessarily and further by developing a good understanding lead a happy married life. Both the parties undertake to discharge their duties against each other effectively. 6. The respondent also undertakes to respect the sentiments of the appellant. On the other hand the appellant also undertakes to respect the sentiments of the respondent. 7. Both the parties agree to abide by the customs and duties prevailed in the Society. 8. Both the parties states that they have arrived this settlement without any force and coercion. 9. Both the parties withdraw all allegations made against each other. 10. In view of the aforesaid agreement entered into between the parties, the parties pray that the petition be disposed of, in terms of the aforesaid agreement. 11. Parties will appear on 12.09.2025 before the Hon'ble Court for passing Orders/Decree in terms of the above said agreement.” 7. The aforesaid Settlement is in accordance with law. In view of the aforesaid terms of Settlement, we proceed to pass the following - 5 - HC-KAR NC: 2025:KHC-D:11983-DB MFA No. 104389 of 2024 “Order” (i) Appeal is allowed in terms of the Memorandum of Settlement entered into between the parties; (ii) Registry shall draw up the decree in terms of the Memorandum of Settlement; Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE VGR, CT:VP LIST NO.: 3 SL NO.: 1