- 1 - NC: 2025:KHC-D:4079-DB MFA No. 105783 of 2024 C/W MFA No. 105788 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH 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. 105783 OF 2024 (FC) C/W MISCELLANEOUS FIRST APPEAL NO. 105788 OF 2024 MISCELLANEOUS FIRST APPEAL NO. 105783 OF 2024: BETWEEN: SMT. LAXMI W/O. PADIYAPPA KATAGERI, AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. PLOT NO.29 'S' SECTOR NO.62, NAVANAGAR BAGALKOTE NOW RESIDING AT C/O. CHANNABASAPPA MENASI LAXMI NAGAR, MUDALAGI TQ: GOKAK, DIST: BELAGAVI. …APPELLANT (BY SRI. KARTIK GANACHARI, ADVOCATE AND; SMT. BINDU GANACHARI, ADVOCATE) AND: SRI PADIYAPPA, S/O. VEERUPAKSHAPPA KATAGERI, AGE: 39 YEARS, OCC: BUSINESS R/O. PLOT NO.29, 'S' SECTOR NO.62, NAVANGAR, BAGALKOTE. …RESPONDENT (BY SRI. HARISH S. MAIGUR, ADVOCATE) MFA FILED U/S.19(1) OF THE FAMILY COURT ACT 1984, PRAYING TO, CALL FOR RECORDS IN MC 141/2022 ON THE Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4079-DB MFA No. 105783 of 2024 C/W MFA No. 105788 of 2024 FILE OF PRINCIPAL JUDGE, FAMILY COURT, BAGALKOTE, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. MISCELLANEOUS FIRST APPEAL NO. 105788 OF 2024: BETWEEN: SMT. LAXMI W/O. PADIYAPPA KATAGERI, AGE: 34 YEARS, OCC: HOUSEHOLD WORK, R/O. PLOT NO.29 'S' SECTOR NO.62, NAVANAGAR BAGALKOTE NOW RESIDING AT C/O. CHANNABASAPPA MENASI LAXMI NAGAR, MUDALAGI TQ: GOKAK, DIST: BELAGAVI. …APPELLANT (BY SRI. KARTIK GANACHARI, ADVOCATE AND; SMT. BINDU GANACHARI, ADVOCATE) AND: SRI PADIYAPPA, S/O. VEERUPAKSHAPPA KATAGERI, AGE: 39 YEARS, OCC: BUSINESS R/O. PLOT NO.29, 'S' SECTOR NO.62, NAVANGAR, BAGALKOTE. …RESPONDENT (BY SRI. HARISH S. MAIGUR, ADVOCATE) MFA FILED U/S.19(1) OF THE FAMILY COURT ACT 1984, PRAYING TO, CALL FOR RECORDS IN MC 112/2021 ON THE FILE OF PRINCIPAL JUDGE, FAMILY COURT, BAGALKOTE, IN THE INTEREST OF JUSTICE AND EQUITY AND ALLOW THE ABOVE MISCELLANEOUS FIRST APPEAL AND SET ASIDE THE JUDGMENT AND DECREE DATED 19/10/2024 PASSED IN M.C. NO. 112/2021 IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:4079-DB MFA No. 105783 of 2024 C/W MFA No. 105788 of 2024 CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The appellant is aggrieved by the common judgment and decree dated 19.10.2024 in MC No.141/2022 and MC No.112/2021 on the file of the Principal Judge, Family Court, Bagalkot. The appellant has failed in her application in MC No.141/2022 under Section 9 of the Hindu Marriage Act, 1955 (for short ‘H.M. Act’), while respondent has succeeded in his application in MC No.112/2022 under Section 13(1)(ia)(ib) of the H.M. Act. Consequentially, the marriage between the appellant and the respondent solemnized on 12.06.2015 is dissolved. 2. This Court has interacted with the appellant and the respondent to explore the possibilities of reconciliation/settlement, and on 25.02.2025 it was placed before this Court that both the appellant and the respondent are agreeable for dissolution of marriage by mutual consent under Section 13B of the H.M. Act with the respondent - 4 - NC: 2025:KHC-D:4079-DB MFA No. 105783 of 2024 C/W MFA No. 105788 of 2024 paying to the appellant a sum of Rs.8,00,000/-. In fact, the respondent had carried a pay order for Rs.8,00,000/- but not describing the appellant by her maiden name. Therefore, this Court has directed the appeal to be listed today with liberty to the appellant and respondent to reiterate the agreement, and with liberty to the respondent to get a Pay Order for the aforesaid amount in the appellant’s maiden name. 3. The appellant and the respondent are present, and they have filed a joint memo, which in its material part, reads as under:- That in the above case, both the parties have amicably settled the matter and like to file the joint memo on the following terms: 1. The respondent - husband has paid sum of Rs.8,00,000/-by way of Demand Draft bearing No. 328333 drawn on SBI dated 27/02/2025 Bank in favor of Mrs. Laxmi Menasi, and handed over the same to respondent-wife towards full and final settlement of permanent alumni. 2. The appellant and respondent both agrees that none of them will do any act or spread rumors which may tarnish the reputation of each other. - 5 - NC: 2025:KHC-D:4079-DB MFA No. 105783 of 2024 C/W MFA No. 105788 of 2024 3. That appellant and respondent both under takes that none of them are going to initiate any kind of litigation against each other in future. The appellant cannot have any claim in future. 4. In view of the settlement arrived between the parties, both the cases may kindly be disposed of as settled/withdrawn” The appellant acknowledges a receipt of Rs.8,00,000/- by way of Demand Draft dated 27.02.2025 drawn on S.B.I., Padiyappa Katageri in her favour in full and final settlement of her claim as stated above. 4. The appellant and the respondent have finally settled the dispute, but the appellant is asserting a transaction between her father and one of the concerns allegedly represented by the respondent. Though there are certain submissions made for settlement of even this claim, this Court must record that what is germane for the present proceeding is the willingness to seek dissolution of marriage by mutual consent on acceptable terms and these are satisfied, and if there is any claim by the appellant’s father against the respondent [or any of the entities in which he is a - 6 - NC: 2025:KHC-D:4079-DB MFA No. 105783 of 2024 C/W MFA No. 105788 of 2024 member[, the appellant’s father must work out his remedy under law. Hence, the following:- ORDER (i) The appeals are disposed of modifying the impugned judgment and decree dated 19.10.2024 insofar as M.C.No.112/2021 dissolving the marriage between the appellant and the respondent solemnized on 12.06.2015 by mutual consent on terms of the joint memo as aforesaid. (ii) There shall be no cost and the Registry is directed to draw the decree accordingly. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE VMB/CT:VG LIST NO.: 1 SL NO.: 19