- 1 - NC: 2025:KHC-D:3243-DB MFA No. 100893 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR MISCELLANEOUS FIRST APPEAL NO. 100893 OF 2024 (FC) BETWEEN: SMT. RADHA @ MEGHA W/O. ANILKUMAR ITAGI @ VADDAR, AGED: 27 YEARS, OCC: HOUSEHOLD WORK, R/O C/O RAMU HULAGAPPA HOSAPETE INDI ROAD, BEHIND ANAND HOSPITAL BIJAPUR TQ., AND DIST 586102 …APPELLANT (BY SRI. MANJUNATH A. KARIGANNAVAR, ADVOCATE) AND: ANILKUMAR S/O. SAHADEVAPPA ITAGI @ VADDAR, AGED: 31 YEARS, OCC: PRIVATE WORK, R/O S. RADHAKRISHNAN NAGAR LIG NO. 83, MULAGUND ROAD, GADAG TQ. AND DIST. 582102 …RESPONDENT (BY SRI. D. L. LADKHAN, ADVOCATE) THIS MEMORANDUM OF MISCELLANEOUS FIRST APPEAL U/S.173 (1) OF MOTOR VEHICLES ACT, 1988, PRAYING TO, GRANT A DECREE OF DIVORCE BY MUTUAL CONSENT, BY DISSOLVING THE MARRIAGE BETWEEN APPELLANT AND RESPONDENT. THIS APPEAL, COMING ON FOR HEARING ON IA, THIS DAY, THE COURT DELIVERED THE JUDGMENT THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR Digitally signed by ANJALI M Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:3243-DB MFA No. 100893 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) This appeal is as against the judgment and decree dated 21.12.2023 in MC No.63/2020 on the file of the Principal Judge, Family Court, Gadag [for short, ‘the Family Court’]. The Family Court, by this judgment and decree dated 21.12.2023, has dissolved the marriage between the appellant and the respondent solemnized on 26.05.2019 at Shree Neelakantheshwar Kalyana Mantap, A.P.M.C Yard, Vijayapur under Section 13(1)(ia) of the Hindu Marriage Act,1955 [for short, ‘the H.M Act’]. 2. The appellant and the respondent are present, and they are identified by their respective counsels. They have filed application under Section 13(B) of the H.M. Act stating, amongst others, that [i] the appellant and respondent have been living separately from the year 2019, [ii] that the marriage between them must be dissolved mutually and [iii] that the respondent will pay a sum of Rs.10,00,000/- [ten lakhs] as permanent alimony to the appellant. On payment of Rs.10,00,000/- they state that [iv] - 3 - NC: 2025:KHC-D:3243-DB MFA No. 100893 of 2024 the respondent has handed over today the Demand Draft dated 17.02.2025 bearing No.303302 drawn on Bank of Baroda for Rs.2,50,000/- in favor of the appellant, [v] that the remaining amount of Rs.4,50,000/- will be paid within six [6] weeks from today and [vi] that the remaining amount will be paid within six [6] months from today. The appellant acknowledges receipt of this Demand Draft dated 17.02.2025. 3. In support of this application, and the application seeking waiver of six [6] months as is contemplated under Section 13B(2) of the H.M Act, both the appellant and the respondent had sworn to separate affidavits in terms as stated above. When queried, the appellant acknowledges that she will withdraw all proceedings [including the proceedings begun under Section 125 of Cr.P.C] and the appellant also acknowledges that she has received her academic credentials from the respondent. The terms agreed show that the parties have accepted that the marriage between them solemnized on 26.05.2019 must - 4 - NC: 2025:KHC-D:3243-DB MFA No. 100893 of 2024 be dissolved without allegations against each other by mutual consent. 4. In the light of the afore, the appeal and the applications under Section 13B (1) and (2) of the H.M. Act are allowed dissolving the marriage between the appellant and the respondent solemnized on 26.05.2019 by mutual consent directing the respondent to pay the remaining sum of Rs.7,50,000/- as now agreed observing that if the respondent commits any default, the appellant, apart from other remedies, will also be entitled to initiate proceedings under the Contempt of Court’s Act. The Family Court’s impugned decree dated 21.12.2023 is modified accordingly. The office is directed to draw decree in terms of the afore. SD/- (B.M.SHYAM PRASAD) JUDGE SD/- (RAMACHANDRA D. HUDDAR) JUDGE PJ LIST NO.: 1 SL NO.: 27