Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC-D:13778-DB MFA No. 104760 of 2024
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
MISCELLANEOUS FIRST APPEAL NO. 104760 OF 2024 (FC)
BETWEEN:
ROOPASHREE B. W/O NAVEEN AGE. 31 YEARS, OCC. GOVT. JOB, R/O. SINGANAMANE, B.R.P BHADRAVATHI, TQ. BHADRAVATHI, DIST. SHIMOGGA, NOW AT VEERANARAYANA TEMPLE, RACHOTESHWAR NAGAR, GADAG, TQ. AND DIST. GADAG. …APPELLANT (BY SRI. ANOOP G. DESHPANDE, ADVOCATE)
AND:
NAVEEN S/O L. MANJAYYA AGE. 34 YEARS, OCC. MANAGER IN PVT. BANK, R/O SHANKARBHATTA, TQ. BHADRAVATHI, DIST. SHIMOGGA. …RESPONDENT (BY SRI. LAXMAN T. MANTAGANI, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT 1984 R/W SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 17.08.2024, PASSED IN MATRIMONIAL CASE NO.02/2024 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, GADAG, DISMISSING THE PETITION FILED U/SEC.
13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955 & ETC.
THIS MFA 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 MRS JUSTICE GEETHA K.B.
VINAYAKA B V Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
- 2 -
HC-KAR NC: 2025:KHC-D:13778-DB MFA No. 104760 of 2024
ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT)
This appeal is filed under Section 19(1) of the Family Courts Act, 1984 questioning the judgment dated 17.8.2024 in MC No.2/2024 passed by the learned I Addl. Principal Judge, Family Court, Gadag, whereunder the petition filed by the appellant under Section 13(1)(i-a) of the Hindu Marriage Act,1955 is dismissed.
2. This Court by order dated 4.8.2025 referred the appeal to the Mediation at Mediation Centre, High Court of Karnataka, Dharwad Bench, Dharwad. Before the Mediation, the parties have amicably settled the dispute among themselves and to that effect, they have entered into an agreement under Section 89 of Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007.
3. The parties are present before the Court and they are duly identified by their respective counsels. The terms of agreement read as under:
- 3 -
HC-KAR NC: 2025:KHC-D:13778-DB MFA No. 104760 of 2024
“1. The appellant wife filed Matrimonial Case No.2/2024, under Section 13(1) (ia) of the Hindu Marriage Act, seeking dissolution of her marriage with the respondent, solemnized on 27-3-2022, before the 1st Additional Principal Judge, Family Court, Gadag, The learned Principal Family Judge, as per his
order dated 17-8-2024, dismissed the said Matrimonial Case. Challenging the said judgment and decree passed in Matrimonial Case No.2/2024, the appellant preferred this appeal. This Honourable Court was pleased to refer the matter for mediation Centre, High Court of Karnataka, Dharwad Bench. Before the mediation the parties have amicably settled their dispute without therebing any influvense of pressure from any of the parties and out of their own wish and will, and thus, the parties have entered in to full and final settlement as under. a) The appellant wife has agreed to withdraw all the allegations made by her in the complaint filed by her in Crime No.120/2023, filed before the Women Police Station Shimogga, for the offences punishable under Section 498A, 504, 506 read with Section 34 of the Indian Penal Code and Section 3 and 4 of the D.P.Act and on the said complaint, the said case on the charge sheet being filed police authorities the said case has been registered as CC No.1824/2024 and pending before the J.M.F.C, Shimogga. The appellant hereby agreed to withdraw all the allegations made in the said criminal case against the respondent and his parents and in view of the said settlement she has no objections for dismissal of the case. If necessary the respondents may move for quashing of the said proceedings in C.C. No.1824/2024 and the appellant has not having any objections for quashing of the proceedings. b) In view of the said settlement, the respondent has paid a sum of Rs.1,00,000/- (One lakh only) to the appellant and the appellant has also accepted the said amount, in full and final settlement of her all claim against the respondent. The appellant has also agreed not to claim any right or any further amount from the appellant and both the parties have agreed that they have no further claims against each other. Both the parties agreed to dissolve their marriage solemnized on 27-3-2022 and they
- 4 -
HC-KAR NC: 2025:KHC-D:13778-DB MFA No. 104760 of 2024
have further agree that henceforth there is no subsistence of their marriage and their marriage stands dissolved. 2. Therefore the appellant and the respondent prays for allowing this appeal, in terms of this settlement and pray for passing of a decree for dissolution of the marriage of the appellant with the respondent solemnized on 27-3-2022, in the ends of justice and equity.”
4.
The appellant, who is present before this Court, submits that she is in receipt of Rs.1,00,000/- (Rupees One Lakh only) by way of cash paid by the respondent in full and final settlement of her claim. In view of agreement entered into between the parties and in terms of settlement arrived at, the following:
ORDER a) The appeal stands disposed of in terms of settlement. b) The judgment dated 17.08.2024 passed in MC No.2/2024 on the file of learned I Addl. Prl. Judge, Family Court, Gadag is hereby set-aside. c) Consequently, MC No.2/2024 is allowed.
- 5 -
HC-KAR NC: 2025:KHC-D:13778-DB MFA No. 104760 of 2024
d) The marriage of the appellant and respondent solemnized on 27.3.2022 is hereby dissolved by decree of divorce. e) Registry to draw decree accordingly.
Sd/- (S G PANDIT) JUDGE
Sd/- (GEETHA K.B.) JUDGE
JTR CT:VP LIST NO.: 2 SL NO.: 1