- 1 - NC: 2025:KHC-D:5313-DB MFA No.101118 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.101118 OF 2025 (FC) BETWEEN: SRI KIRAN KUMAR, S/O SANGAPPA BHAJANTRI, AGE. 34 YEARS, OCC. JUNIOR ASSISTANT, R/O DANESHWARI NILAYA, PANCHAKSHARI NAGAR, 5TH CROSS, NEAR BELERI OIL MILL, GADAG 582101. …APPELLANT (BY SRI. ANILKUMAR H. BUDARPUR, ADVOCATE) AND: SMT. POORNIMA, W/O KIRANKUMAR BHAJANTRI AGE. 31 YEARS, OCC. POSTAL ASSISTANT, R/O #58-59, LAKSHMI NIVAS, KOTTE KALLUR LAYOUR, HONDAD VEERABHADRESHWARA NAGAR, DANESHWARI NAGAR, 3RD CROSS, BEHIND J.S.S. COLLEGE, VIDYAGIRI, DHARWAD-580004, OFF: POORNIMA VALAGAD M., POSTAL ASSISTANT, K.C.PARK POST OFFICE, DHARWAD. …RESPONDENT (BY SRI. ABHISHEK G. HOSAKERI, ADVOCATE) THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT ACT 1988, PRAYING TO, SET ASIDE THE JUDGMENT DATED 02.11.2022 PASSED BY THE LEARNED PRL. JUDGE FAMILY COURT, DHARWAD IN ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5313-DB MFA No.101118 of 2025 MC NO.99/2021 BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY & ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The above appeal is filed by the husband challenging the judgment and decree dated 02.11.2022 passed in M.C. No.99/2021 by the Principal Judge, Family Court, Dharwad, whereunder the petition filed by the respondent-wife under Section 13(1)(ia) of the Hindu Marriage Act, 1955 for grant of divorce on the ground of cruelty has been allowed. 2. The parties are present before the Court this day and they are identified by their respective counsel. The parties have filed a Joint Memo which reads as under: “Herein the Appellant and Respondent jointly submits this joint memo as under; 1. That, the marriage of the appellant with the respondent is solemnized on 18/06/2018 at Dharwad and thereafter the appellant and respondent lead marital life for couple of years. - 3 - NC: 2025:KHC-D:5313-DB MFA No.101118 of 2025 Thereafter due to difference of opinion, the appellant and respondent stayed separately since 2021. 2. That, the respondent has filed the divorce petition before the Hon'ble Principal Family Court, Dharwad bearing M.C. No.99/2021 and in the said case on contest the Hon'ble Family Court please to allowed the petition and dissolved the marriage solemnized on 18/06/2018 between the appellant and respondent at Dharwad by its judgment dated 02/11/2022. That, the appellant being aggrieved by the said judgment challenged the present appeal. 3. That, the appellant and respondent have been in talks and for the sake of their children, the appellant and respondent willing to rejoin each other and lead a happy married life. 4. That, the respondent is hereby agreed rejoin with the appellant and further the respondent has no objection to set-aside the judgment passed in M.C. No.99/2021 02/11/2022 by the Hon'ble Principal Family Court, Dharwad. Hence this joint memo.” 3. The parties have agreed that they shall live together and lead a happy married life along with their children. - 4 - NC: 2025:KHC-D:5313-DB MFA No.101118 of 2025 The respondent has further agreed to rejoin the appellant and the respondent has no objection to set aside the impugned judgment passed in M.C. No.99/2021. 4. In view of the aforementioned, the following: ORDER i) The above appeal is allowed in terms of the Joint Memo filed. ii) The judgment and decree dated 02.11.2022 passed in MC. No.99/2021 by the Principal Judge, Family Court, Dharwad, is set aside. iii) M.C. No.99/2021 on the file of the Principal Judge, Family Court, Dharwad, is dismissed as withdrawn. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 29