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2025 DAILYLAW 5022 (KAR)

SRI SURESH S/O SHASANGOUDA MANAGULI v. SMT SHILPA W/O SURESH MANAGULI

MFA/101744/2024 · 2025-02-11

B M Shyam Prasad, Ramachandra D Huddar

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Judgment text

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- 1 - NC: 2025:KHC-D:2695-DB MFA No. 101744 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH 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. 101744 OF 2024 (FC) BETWEEN: SRI SURESH S/O. SHASANGOUDA MANAGULI, AGE: 45 YEARS, OCC: GOVERNMENT TEACHER, R/O: BENKATTI 587103, TQ AND DIST BAGALKOT. …APPELLANT (BY SRI. N. L. BATAKURKI, ADVOCATE) AND: SMT SHILPA W/O. SURESH MANAGULI, AGE:36 YEARS, OCC: GOVERNEMNT TEACHER, R/O: BENKATTI 587103, TQ AND DIST BAGALKOT. NOW C/O. BLOCK RESOURCE CENTER NEAR GOURISHANKAR KALYAN MANTAP VIDYAGIRI BAGALKOT-587102, TQ AND DIST BAGALKOT. …RESPONDENT (BY SRI. MRUTYUNJAYA S. HALLIKERI, ADVOCATE) MEMORANDUM OF MISCELLENIOUS FIRST APPEAL FILED U/S.19(1) OF THE FAMILY COURT ACT 1984, PRAYING TO, ADMIT THE APPEAL AND CALL FOR THE RECORDS IN MC NO. 13/2022 ON THE FILE OF PRIL JUDGE FAMILY COURT BAGALKOT AND BE PLEASED TO SET ASIDE THE JUDGMENT AND DECREE DATED 22.02.2024 AND ALLOW THE PETITION AND PASS DECREE DISSOLVING THE MARRIAGE BETWEEN APPELLANT AND RESPONDENT BY ALLOWING THIS APPEAL IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE COURT DELIVERED THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR Digitally signed by SHAKAMBARI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2695-DB MFA No. 101744 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) This appeal is as against the judgment and decree dated 22.02.2024 in MC No.13/2022 on the file of the Principal Judge, Family Court, Bagalkote [for short, ‘the Family Court’]. The Family Court by the impugned judgment and decree has dismissed the appellant’s petition for dissolution of marriage with the respondent under Section 13(1)(ia)(ib)of the Hindu Marriage Act, 1956 [for short, ‘H.M Act’]. This Court, on 29.10.2024, has referred the parties to Mediation Centre. Presently a memorandum of agreement accepted and signed by the parties is placed before this Court. The parties have agreed to resume their marital life and withdraw all allegations against each other and their family members. The terms in this regard agreed are as under: “5. The Appellant-Husband and Respondent-Wife have agreed to withdraw all the allegations made against each other and both have - 3 - NC: 2025:KHC-D:2695-DB MFA No. 101744 of 2024 agreed to lead happy married life together by mutual consent. 6. Both parties and their parents have agreed to withdraw all the allegations and counter allegations made against each other in their respective cases and objections.” The appellant and the respondent are present and they are identified by their respective counsels. When queried, they state that they have voluntarily agreed to the statement without any due influence. In the light of the afore, accepting the terms of the memorandum of settlement, the appeal stands disposed of and the office is directed to draw decree accordingly. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PJ/ct-vg LIST NO.: 3 SL NO.: 1