- 1 - NC: 2025:KHC-D:6736-DB MFA No. 103821 of 2024 C/W MFA No. 100449 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.103821 OF 2024 (FC) C/W MISCELLANEOUS FIRST APPEAL NO.100449 OF 2024 IN M.F.A. NO.103821 OF 2024 BETWEEN: SHRI. KUSHAL S/O. YALLAPPA HUKKERI, AGE. 34 YEARS, OCC. GOVT. SERVICE, R/O. H.NO.185, PRASHANT NAGAR, OLD HUBBALLI, DIST. DHARWAD, PIN-580024. …APPELLANT (BY SRI. JAGADISH PATIL, ADVOCATE) AND: SMT. AKSHATA RANI W/O. KUSHAL HUKKERI, AGE. 34 YEARS, OCC. TEACHER, IN GOVT. H.P.S.12, SHIVA SHAKTI BUILDING, SHRI. YALLAMMA DEVI HOUSING SOCIETY, RAJATAGIRI, NEAR WATER TANK, DHARWAD-580004. …RESPONDENT (BY SRI. S.B. DODDAGOUDAR, ADVOCATE AND SRI. S.G. NANDOOR, ADVOCATE FOR C/RESPONDENT) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT 1984, PRAYING TO ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT AND DECREE DATED 22.07.2024, PASSED IN MATRIMONIAL CASE NO.213/2021 ON THE FILE OF THE PRINCIPAL JUDGE FAMILY COURT, DHARWAD, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6736-DB MFA No. 103821 of 2024 C/W MFA No. 100449 of 2024 IN M.F.A. NO.100449 OF 2024 BETWEEN: SMT. AKSHATA RANI W/O. KUSHAL HUKKERI, AGE. 34 YEARS, OCC. GOVT. SERVICE, R/O. C/O. VIVEKANAND HANAGAL, HOUSE NO.12, SHIVASHAKTI BUILDING, SHRI. YALLAMA DEVI HOUSING SOCIETY, RAJATAGIRI, NEAR WATER TANK, DHARWAD-580004, DIST. DHARWAD. …APPELLANT (BY SRI. S.B. DODDAGOUDAR, ADVOCATE SRI. S.G. NANDOOR, ADVOCATE) AND: SRI. KUSHAL S/O. YALLAPPA HUKKERI, AGE. 34 YEARS, OCC. GOVT. SERVICE, R/O. H.NO.185, PRASHANT NAGAR, BEHIND RNS FACTORY OLD HUBBALLI, HUBBALLI, DIST. DHARWAD-580024. …RESPONDENT (BY SRI. JAGADISH PATIL, ADVOCATE AND SRI. SAJID GOODWALA, ADVOCATE FOR C/R) THIS MISCELLANEOUS FIRST APPEAL FILED UNDER SECTION 19(1) OF THE FAMILY COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 03.02.2024, PASSED IN MATRIMONIAL CASE NO.224/2020 ON THE FILE OF THE LEARNED PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI, BY DISMISSING THE PETITION FILED BY THE RESPONDENT-HUSBAND UNDER SECTION 13(1)(IA)-(IB) OF HINDU MARRIAGE ACT IN M.C. NO.224/2020, AND CONSEQUENTLY ALLOW THE ABOVE APPEAL WITH COSTS, IN THE INTEREST OF JUSTICE AND EQUITY. THESE MISCELLANEOUS FIRST APPEALS, COMING ON FOR ADMISSION, 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 - 3 - NC: 2025:KHC-D:6736-DB MFA No. 103821 of 2024 C/W MFA No. 100449 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) MFA No.103821/2024 is filed by the appellant/husband under Section 19(1) of the Family Court Act, 1984, questioning the judgment passed in MC.No.213/2021, dated 22.07.2024, on the file of Principal Judge Family Court, Dharwad, rejecting appellant’s petition filed under Section 9 of the Hindu Marriage Act, 19551. Whereas MFA No.100449/2024 is filed by the respondent/wife under Section 19(1) of the Family Court Act, 1984, questioning the judgment dated 03.02.2024, passed in MC.No.224/2020, on the file of Principal Judge, Family Court, Hubballi, allowing the petition of appellant/Husband filed under Section 13(1)(i- a) of the Act of 1955, by dissolving the marriage of the appellant and respondent. 2. The appellant and respondent from their marriage have one child by name Kum. Aradhana, aged 6 years, studying in UKG at JSS Public School, Kelageri, Dharwad. The appellant/husband Sri. Kushal S/o. Yallappa Hukkeri and 1 Hereinafter referred to as the ‘Act of 1955’ - 4 - NC: 2025:KHC-D:6736-DB MFA No. 103821 of 2024 C/W MFA No. 100449 of 2024 respondent/wife Smt. Akshata Rani are present before the Court along with their counsels. Both of them are identified by their respective counsels. 3. Today parties have filed a memorandum of compromise petition under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 19082, with a prayer to dispose of both the appeals in terms of compromise arrived at between the parties. The compromise petition reads as follows: 1. “The parties have mutually agreed to resolve all disputes amicably and have agreed to dissolve their marriage as, already decree of divorce is granted in M.C.No.224/2020 dated 03.02.2024 passed by Hon’ble Principal Family Court, Hubballi. Both the parties agreed for the same and the respondent wife agreed to withdraw the M.F.A No.100449/2024 pending before the Hon’ble Court unconditionally. 2. The Appellant husband has “issued a D.D. for” a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) in D.D. bearing No.139141 dated 19.04.2025 by Canara Bank, Navanagar, Hubballi, 2 Hereinafter referred to as the ‘CPC’ - 5 - NC: 2025:KHC-D:6736-DB MFA No. 103821 of 2024 C/W MFA No. 100449 of 2024 as a full and final settlement including arrears in the name of his daughter by name Aaradhana D/o. Kushal Hukkeri and the said amount in deposited shall be kept in a fixed deposit for a period till the child attains majority. The respondent wife shall be at liberty to withdraw the monthly interest accrued on the said deposit and utilize the same solely for the purpose of maintenance, welfare, education and overall well- being of the daughter Aaradhana. Upon attaining the majority the funds which have been kept in the fixed deposit shall be used for marriage of the daughter Aaradhana. 3. The respondent wife has agreed to withdraw the following cases which have been filed against Appellant husband and his family members within 15 days from the date of receipt of copy of this order and the list of cases as shown below: Sl. No. Case No. Court 1. Crl.Misc. 156 of 2021 Principal Senior Civil Judge an CJM, Dharwad 2. Crl.Misc. 269 of 2024 Principal Family Court, Dharwad 3. Crl.Misc. 270 of 2024 Principal Family Court, Dharwad 4. Crl.Misc. 283 of 2024 Principal Family Court, Dharwad 5. Crl.Misc. 77 of 2024 Principal Family Court, Dharwad - 6 - NC: 2025:KHC-D:6736-DB MFA No. 103821 of 2024 C/W MFA No. 100449 of 2024 4. The Appellant husband hereby agrees to withdraw the following case filed by him against the respondent wife within 15 days from the date of receipt of copy of this order Sl. No. Case No. Court 1. G and W No.1 of 2025 Principal Family Court, Dharwad 5. Apart from the above mentioned cases the Appellant husband and the Respondent wife have agreed to withdraw all complaints, cases, or legal proceedings, if any, filed against each other and their family members, whether civil or criminal, and have undertaken not to initiate any further legal proceedings against each other and their family members in the future in relation to or arising out of their marriage, divorce, maintenance, custody, or any other related issues. 6. Both parties agree that the Respondent wife shall have primary custody of the child Aaradhana. The Appellant husband shall be entitled to have the visiting rights to meet his daughter Aaradhana once in 15 days and further both the parties have agreed that if the appellant father creates love and affection towards the daughter Aaradhana then it is agreed that with consent of the daughter, the daughter can stay for - 7 - NC: 2025:KHC-D:6736-DB MFA No. 103821 of 2024 C/W MFA No. 100449 of 2024 half of the vacations and during festivals. Thereafter Respondent wife agreed that she shall bring the daughter Aaradhana to a mutually decided location, on dates and times to mutually fixed places by both the parties, to enable the Appellant husband father of the child and his parents to spend quality time with the daughter and build and encourage a healthy father-daughter bond. 7. The Appellant husband and the Respondent wife hereby mutually agree to waive any past, present or future financial claims and any arrears claims, in each other’s movable or immovable properties, assets or any kind of personal belongings. Each party affirms that they shall not in present and in future, make any such claims against each other under any legal pretext by the Respondent wife and on behalf of daughter Aaradhana in future. 8. The parties hereto have entered into this compromise shall form the basis of the mutual consent divorce and shall be binding on both parties and that there is no force or coercion or inducement in arriving at the aforesaid terms of compromise. The terms herein shall be incorporated in the petition and/or decree as may be required or directed by the Court. - 8 - NC: 2025:KHC-D:6736-DB MFA No. 103821 of 2024 C/W MFA No. 100449 of 2024 Wherefore, in light of the above it is most humbly prayed that this Hon’ble Court may be pleased to dispose of the top noted Appeal in terms of the aforesaid compromise arrived at amongst the parties to meet the ends of justice and equity.” 4. Today before the Court the appellant/husband has handed over D.D. bearing No.139141, dated 19.04.2025, drawn on Canara Bank, Navanagar, Hubli, for a sum of Rs.20,00,000/- to the respondent/wife, which the respondent/wife acknowledges drawn in the name of daughter Aaradhana. Both the appellant and respondent have agreed to withdraw all the cases filed against each other, which are pending before the various Courts in Dharwad and Hubli. Further, both the parties have agreed that the respondent/wife shall have primary custody of the child Aaradhana and the appellant/husband shall have visiting rights to meet his daughter Aaradhana once in 15 days. However, it is agreed that, if the appellant, father of daughter Aaradhana, earns love and affection towards the daughter, then he could take his daughter during vacations and festivals. - 9 - NC: 2025:KHC-D:6736-DB MFA No. 103821 of 2024 C/W MFA No. 100449 of 2024 5. The parties, who are before the Court, have agreed and stated in presence of their learned counsels that they would withdraw allegations made against each other as well as family members and to treat the divorce or dissolution of marriage granted under the judgment dated 03.02.2024 passed in M.C No.224/2020 as consent divorce. 6. The compromise petition dated 22.04.2025 filed today before the Court signed by both the appellant and respondent as well as learned counsel Sri. Jagadish Patil and learned counsel Sri. S.G. Nandoor, is taken on record. 7. In the light of the above, both the appeals stand disposed of in terms of the compromise arrived at between the parties. Further, it is made clear that the divorce or dissolution of marriage granted by the Principal Judge, Family Court, Hubballi, in M.C.No.224/2020, dated 03.02.2024, shall be treated as mutual consent divorce. - 10 - NC: 2025:KHC-D:6736-DB MFA No. 103821 of 2024 C/W MFA No. 100449 of 2024 8. Modified decree to be drawn accordingly. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE PMP List No.: 1 Sl No.: 21