- 1 - NC: 2025:KHC:8579-DB MFA No.812/2024 C/W MFA No.714/2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MRS JUSTICE K.S.MUDAGAL AND THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.812/2024 (MC) C/W MISCELLANEOUS FIRST APPEAL NO.714/2024 (MC) BETWEEN: SMT. H.B. ASHWINI D/O BASAVARAJ AGED ABOUT 36 YEARS NO.32, HANDLI MAIN ROAD BADAKANAHALLI VILLAGE HANDLI POST, SOMWARPET TALUK - 571 235 …APPELLANT (COMMON) (BY SMT.VIDYASHREE K S, ADVOCATE FOR SRI.PRATEEK CHANDRAMOULI, ADVOCATE) AND: SRI.SHANMUKHA R NANDI S/O RAJASHEKAR NANDI AGED ABOUT 40 YEARS 1533, OMKAR, 1ST CROSS “SOMA’S PARK VIEW” KUNDANAHALLI BENGALURU - 560 037 …RESPONDENT (COMMON) (BY SRI.DAYANAND HIREMATH, ADVOCATE ) M.F.A.NO.812/2024 IS FILED UNDER SECTION 28(1) OF THE HINDU MARRIAGE ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 02.11.2023 PASSED IN MC NO.33/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SOMAWARAPETE, ALLOWING THE PETITION FILED UNDER SECTION 9 OF THE HINDU MARRIAGE ACT FOR RESTITUTION OF CONJUGAL RIGHTS. Digitally signed by K S RENUKAMBA Location: High Court of Karnataka - 2 - NC: 2025:KHC:8579-DB MFA No.812/2024 C/W MFA No.714/2024 M.F.A. NO.714/2024 IS FILED UNDER SECTION 28(1) OF HINDU MARRIAGE ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 02.11.2023 PASSED IN MC NO.28/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, SOMWARAPETE, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(IA) (IB) READ WITH SECTION 25 OF THE HINDU MARRIAGE ACT, FOR DISSOLUTION OF MARRIAGE AND PERMANENT ALIMONY. THESE APPEALS, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL AND HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) Appellant, respondent and their respective counsel are present. The parties are duly identified by their respective counsel. The mediation report submitted by Karnataka Mediation Centre is taken on record. 2. Heard the parties on memorandum of settlement executed by them before the Mediation Centre. Both parties admit execution of memorandum of settlement and the terms of the same. Under the memorandum of settlement, the parties have agreed for dissolution of their marriage. The said memorandum of settlement reads as follows: “MEMORANDUM OF AGREEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. - 3 - NC: 2025:KHC:8579-DB MFA No.812/2024 C/W MFA No.714/2024 I. The above appeal is preferred by the appellant aggrieved by the Judgment and decree dated 02.11.2023 in M.C.No.28 of 2019 c/w M C No.33/2021 on the file of the Senior Civil Judge, Somawarpete. II. The Hon'ble High Court of Karnataka at Bengaluru has referred the above appeal for mediation as it felt that the dispute could be resolved through the process of Mediation. 1. The marriage of the Appellant with the Respondent was performed on 31.05.2015 at Vigneshwara Kalyana Mantap, Shanivarsanthe, as per Hindu rites and customs. They have no children born to them from their wedlock. 2. The Appellant and the Respondent had irreconcilable differences and due to incompatibility of temperaments they have been living separately since January 2018 and there are no chances of reunion between them. The appellant herein therefore filed a petition for dissolution of marriage in M.C.No.28 of 2019 on the file of the Senior Civil Judge, Somawarpete. The respondent had filed M C No.33/2021 before the Senior Civil Judge, Somawarpete. The petition filed by appellant in MC No.28/2019 came to be dismissed and the petition filed by the respondent in MC No.33/2021 for Restitution of Conjugal Rights came to be allowed by a common order dated 15.12.2022, both the matter has been clubbed and which is challenged in the this present appeal. - 4 - NC: 2025:KHC:8579-DB MFA No.812/2024 C/W MFA No.714/2024 III. During the course of mediation the Appellant and the Respondent along with their respective Advocates have appeared physically. The Appellant and the Respondent at the intervention and advise of their respective advocates and well-wishers, have agreed to amicably resolve the dispute as per the following terms and conditions:- 1. The appellant has agreed to pay a sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand Only) by way of demand draft, to the respondent towards jewelry purchased by the respondent during the subsistence of their marriage. Further, the appellant also agrees to return the thali gundu to the respondent. The demand draft and the thali gundu shall be handed over to the respondent, before the Hon'ble High Court of Karnataka, at the time of report settlement 2. Both the parties hereby agree and admit that, apart from the above they have no other claims of whatsoever against each other with regard to permanent alimony/maintenance either in the past, present or future and also have no claims over the movable/immovable properties belonging to each other either existing at present or to be acquired in future. 3. The Appellant and the Respondent state that apart from the above appeal there are no other cases pending between them before any other Court or Forum. - 5 - NC: 2025:KHC:8579-DB MFA No.812/2024 C/W MFA No.714/2024 4. In view of this settlement, both the parties hereby withdraw all the allegations made against each other. 5. The Appellant and the Respondent have entered into this Settlement Agreement on their own volition and there is no threat or coercion on any of them. 6. The Appellant and the Respondent further agree that henceforth they shall not interfere in the lives of each other. IV. In view of the aforesaid agreement entered into between the parties, the parties humbly pray that this Hon'ble Court be pleased to allow the above appeal and pass necessary orders, in terms of this settlement/agreement. V. Parties will appear before the Hon’ble High Court of Karnataka, Bangalore for passing orders in terms of the settlement agreement.” 3. Appellant hands over to the respondent demand draft bearing No.396381 dated 21.02.2025 for a sum of Rs.2,50,000/- drawn on Kotak Mahindra Bank, Sanjaynagar Branch. Respondent accepts the said demand draft. The jewellery as mentioned in the memorandum of settlement is handed over to the respondent and he admits receipt of the same. - 6 - NC: 2025:KHC:8579-DB MFA No.812/2024 C/W MFA No.714/2024 4. Satisfied that the memorandum of settlement is voluntary and admissible under law. Hence recording the memorandum of settlement Court passes the following: ORDER The appeals are allowed. The impugned common judgment and decree dated 02.11.2023 passed in MC No.28/2019 connected with MC No.33/2021 passed by the learned Senior Civil Judge, Somawarapete is hereby set aside. Petition in M.C.No.33/2021 is dismissed. The petition in M.C.No.28/2019 is decreed in terms of the memorandum of settlement. The marriage of the appellant and respondent solemnized on 31.05.2015 at Vighneshwara Kalyana Mantapa, Shanivarasanthe is hereby dissolved in terms of the memorandum of settlement. Draw decree accordingly. Sd/- (K.S.MUDAGAL) JUDGE Sd/- (C.M. POONACHA) JUDGE AKC