- 1 - HC-KAR NC: 2025:KHC-D:12864-DB MFA No. 104164 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL M.F.A. NO.104164 OF 2022 (MC) BETWEEN: SRI. PRAKASH S/O. HULLAPPA VAGINAKOPPA, AGE: 41 YEARS, OCC: COOLIE, R/O. KAVALETTU, POST. KUMARAPATANAM, TQ. RANEBENNUR, DIST. HAVERI. …APPELLANT (BY SRI. NAVEEN CHATRAD, ADVOCATE) AND: SMT. REKHA D/O. GANGAPPA FAKKIRAPPA BARKI W/O. PRAKASH HULLAPPA, AGE: 32 YEARS, OCC: HOUSEHOLD WORK, R/O. JANATA COLONY, KAVALETTU, POST. KUMARAPATANAM, TQ. RANEBENNUR, DIST. HAVERI-581115. …RESPONDENT (BY SRI. B. S. PATIL, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.28 (1) OF THE HINDU MARRIAGE ACT, 1956, PRAYING TO CALL FOR THE RECORDS CONNECTED WITH M.C. NO.19/2014 IN THE COURT OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE, RANEBENNUR, EXAMINE THE SAME AND SET ASIDE THE JUDGMENT AND DECREE DATED 09.01.2020 AND CONSEQUENTLY GRANT THE DECREE OF DIVORCE, IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:12864-DB MFA No. 104164 of 2022 CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This appeal is filed challenging the judgment and decree dated 09.01.2020 passed in M.C.No.19/2014 by the II Addl. Senior Civil Judge, Ranebennur, wherein the appellant’s petition filed under Section 13(1) (ia) (ib) of the Hindu Marriage Act, 1955 was dismissed. 2. The appellant and respondent filed memorandum of compromise petition under Order XXIII Rule 3 of the Code of Civil Procedure, 1980 stating that the appellant and the respondent have resolved their dispute amicably with the intervention of the elders as they are related to each other. We had enquired with the respondent who is present before the Court with regard to the terms of the compromise. She states that she has read and understood the clauses of the compromise petition and she has received ₹2,50,000/- as a permanent alimony towards full and final settlement of the dispute against - 3 - HC-KAR NC: 2025:KHC-D:12864-DB MFA No. 104164 of 2022 the appellant. The family members of the respondent are also present. We have interacted with them. They also expressed that the settlement is arrived with the consent of the respondent. 3. In view of the said statement, the appeal is required to be disposed off. The terms of the memorandum of compromise petition reads as under: “1. That Appellant and Respondent marriage was solemnized on 23-05-2010 at Margad Durgamma Temple, Kavalettu and out of their wed lock there are no issues. 2. Appellant herein filed M.C. No.9/2014 before the 2nd Addl. Senior Civil Judge, Ranebennur against the Respondent u/s 13(1)(ia) (ib) of Hindu Marriage Act 1855. After hearing 2nd Addl. Senior Civil Judge, Ranebennur dismissed petition filed by the Husband-Appellant vide order dated 09-01-2020. 3. Appellant being aggrieved by the order dated 09-01-2020 passed by the 2nd Addl. Senior Civil Judge, Ranebennur in M.C.No.9/2014 has filed the present appeal. 4. Due to intervention of elder's of the society and well wishers that the parties have compromised all their disputes on the following terms; I. The Appellant-Husband and Respondent-wife have agreed to dissolve their marriage solemnized - 4 - HC-KAR NC: 2025:KHC-D:12864-DB MFA No. 104164 of 2022 on 23-05-2010 at Margad Durgamma Temple, Kavalettu. Accordingly the Respondent has agreed to allow this appeal and to give divorce by accepting the amount of Rs. 2,50,000/- (Rupees Two Lakhs and Fifty Thousand only) from the Appellant as a permanent alimony by way of cash before this Hon'ble Court as full and final settlement of her claim. II. It is submitted that Respondent-Wife has agreed that, here afterwards she will not claim any maintenance against the Appellant and also she agreed that she will not seek for partition in future in any the property of the Appellant's or his family and further agreed that, no case would be filed by her in future claiming any amount or share against the Appellant. The Respondent has no claim of whatsoever of nature in future against the Appellant. III. That the Respondent has filed Crim. Misc.88/2021 and Crim. Misc. No.164/2023 before the Civil Judge and JMFC court, Shiggoan and Ex. Case No.139/2023 before the II Addl. Senior Civil Judge and JMFC court, Ranebennur for recovery of the maintenance amount against the Appellant and Respondent/wife undertakes to withdraw the above said cases unconditionally by next date of hearing. - 5 - HC-KAR NC: 2025:KHC-D:12864-DB MFA No. 104164 of 2022 IV. That the Respondent has also filed the Private Compliant bearing No.19/2016 under Section 200 of Cr.PC before the Addl. Civil Judge and II Addl. JMFC, Ranebennur and the same was registered in C.C. No. 859/2022 against the Appellant/Accused No.1 and other Accused No. 2 to 11 for the offence punishable U/s.494 R/w.149 of IPC. The Respondent hereby withdrawing all the allegations made in the private compliant and agreed to withdraw the above private complaint against the Accused No.1 to 11 by next date of hearing. If the Trail Court will not permit to withdraw the said case, the Respondent has to appear before this Hon'ble Court in Crl.P.No.102451/2025, which is filed by the Accused No. 2, 4, 5, 7 to 9 and file affidavit having no objections to quash the proceedings and also to file affidavit having no objections to quash the proceedings in the proposed Criminal Petition to be filed, by the Accused No.1 and Accused No. 6. V. That the mutual consent has not been obtained by any force, fraud or undue influence. VI. The appellant and respondent hereby declare, agree, and undertake that they shall hereafter be entitled to live apart from each other wherever they choose and agreed not to interfere in the personal life of each other in any manner. - 6 - HC-KAR NC: 2025:KHC-D:12864-DB MFA No. 104164 of 2022 VII. The contents of the compromise petition which is in English read over and explained to the parties in Kannada and the parties having understood contents and agreed thereupon affixed their signature with free consent and volition free from all undue influence, fraud and misrepresentations to this compromise have signed this compromise petition after being explained about the terms in Kannada after agreeing to the contents. Wherefore, for the above stated reasons that the marriage of the appellant and respondent solemnized on 23-05-2010 at Margad Durgamma Temple, Kavalettu be kindly dissolved by passing a decree of divorce by consent by allowing this Compromise petition as in terms of the compromise arrived at supra, in the interest of justice and equity.” 4. We have perused the terms of the compromise. The same is in accordance with law and not opposed to public policy. Considering the statement of the respondent and taking note of the terms of the compromise, we proceed to pass the following: ORDER i. The appeal is allowed. - 7 - HC-KAR NC: 2025:KHC-D:12864-DB MFA No. 104164 of 2022 ii. The marriage solemnized between the appellant and respondent on 23.05.2010 at Margad Durgamma Temple, Kavalettu is dissolved in terms of the compromise petition. iii. Registry shall draw decree in terms of compromise. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE CLK /CT-AN List No.: 1 Sl No.: 90