- 1 - NC: 2025:KHC-D:2271-DB MFA No. 102403 of 2019 C/W CCC No. 100149 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH 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. 102403 OF 2019 (FC) C/W CIVIL CONTEMPT PETITION NO. 100149 OF 2022 MFA NO. 102403/2019 BETWEEN: SHRI.MAHANTESH S/O. SHIVANAGOUDA PATIL, AGED ABOUT: 43 YEARS, OCC: ASSISTANT DIRECTOR, R/O: KARATAGI, TALUKA PANCHYATI GANGAVATI, DIST: KOPPAL-583229. …APPELLANT (BY SMT. PRAMILA NESARGI, SR. COUNSEL, FOR SRI. VITTHAL S. TELI, ADVOCATE FOR ACCUSED NO.1) AND: SMT.RASHMI @ RESHMA KENCHANAGOUDAR W/O MAHANTESH PATIL AGED ABOUT: 38 YEARS, OCC: HOUSEWIFE, R/O: IRRIGATION COLONY, MAIN ROAD,AT KONNUR, TQ: NARAGUND, DIST: GADAG-582206. …RESPONDENT (BY SRI.K.L.PATIL, ADVOCATE) THIS MFA IS FILED U/S 19(1) OF THE FAMILY CURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 29.05.2019, PASSED IN MATRIMONIAL CASE NO. 78/2018 ON THE FILE OF Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:2271-DB MFA No. 102403 of 2019 C/W CCC No. 100149 of 2022 THE I ADDITIONAL PRINCIPAL FAMILY COURT, GADAG, DISMISSING THE PETITION FILED U/SEC. 13(1) (ia) (ib) OF THE HINDU MARRIAGE ACT, 1955. CCC NO. 100149/2022 BETWEEN: SMT.RASHMI @ RESHMA W/O. MAHANTESH PATIL AGE: 33 YEARS, OCC: HOME MAKER, C/O: SIDDANGOUD KENCHANGOUDAR, NIRAVARI COLONY, KONNUR, TQ:NARAGUND, DIST: GADAG-582206. …COMPLAINANT (BY SRI.K.L.PATIL, ADVOCATE) AND: SHRI.MAHANTESH S/O. SHIVANAGOUDA PATIL, AGE: 42 YEARS, OCC: ASST. DIRECTOR, R/O: KARATAGI, TQ: GANGAVATI, DIST: KOPPAL. …ACCUSED (BY SMT. PRAMILA NESARGI, SR. COUNSEL, FOR SRI. VITTHAL S. TELI, ADVOCATE) THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W, ARTICLE 215 OF THE CONSTITUTION OF INDIA, 1950, PRAYING TO TAKE THE COGNIZANCE OF THE OFFENCE COMMITTED BY THE ACTS OF ALL THE ACCUSED PERSONS UNDER THE PROVISIONS OF SECTION 12 OF THE CONTEMPT OF COURTS ACT 1971 FOR DELIBRATE BREACH OF UNDERTAKING GIVEN BY THE ACCUSED NO.1 BEFORE THIS COURT AND SUPPORT OF THE ACCUSED NO.2 AND 3 FOR WILFUL DISOBEDIENCE OF THE ORDER OF THIS COURT IN THE EVENT OF 21.09.2021 AT ANNEXURE-A AND TAKE ACTION AGAINST THE ACCUSED AND PUNISH ALL THE ACCUSED PERSONS SUITABLY. THESE MFA AND CCC COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:2271-DB MFA No. 102403 of 2019 C/W CCC No. 100149 of 2022 CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The appeal is filed calling in question the judgment and decree dated 29.05.2019 in MC No.78/2018 filed on the file of the I Additional Principal Family Court, Gadag [for short, ‘Family Court’]. The complaint in CCC No.100149/2022 is filed for initiation of contempt proceedings for the alleged deliberate breach of the order in the appeal. 2. The appellant and respondent are married on 12.06.2015, and they are parties to the multiple proceedings. However, presently they have filed an application under Section 13 -B of the Hindu Marriage Act, 1956 for dissolution of marriage seeking waiver of the period of six [6] months. The appellant and the respondent are present, and they are identified by their respective counsels. - 4 - NC: 2025:KHC-D:2271-DB MFA No. 102403 of 2019 C/W CCC No. 100149 of 2022 They accept that they have agreed for the dissolution of marriage by mutual consent. 3. When queried, both the appellant and the respondent are categorical that they will withdraw all allegations against each other and also that they will withdraw all pending proceedings. The appellant and respondent accept that the appellant has paid a sum of Rs.25,00,000/- by way of Demand Draft dated 03.02.2025 drawn on State Bank of India. This settlement is in the context of the statements made before this Court on 31.01.2025 as regards the payment of maintenance, arrears and exchange of post-dated cheque. 4. This Court is persuaded to opine that the appellant and the respondent, because of irreconcilable differences between them, have agreed for dissolution of marriage, withdrawing all imputations and allegations against each other and pending proceedings, and in consideration thereof, the respondent has also received a sum of Rs.25,00,000/- in full and final settlement of her - 5 - NC: 2025:KHC-D:2271-DB MFA No. 102403 of 2019 C/W CCC No. 100149 of 2022 claim towards permanent alimony and maintenance arrears. Hence, the following: ORDER [A] The appeal is allowed by setting aside the impugned judgment and decree dated 29.05.2019 passed in MC No.78/2018 on the file of the Family Court dissolving the marriage solemnized between the appellant and the respondent on 12.06.2015 on the following terms: i. The appellant and the respondent have withdrawn all the allegations and imputations against each other, that they will have no claim against each other, and that they will withdraw all the pending proceedings commenced by them against each other. ii. The respondent has received a sum of Rs.25,00,000/- in full and final - 6 - NC: 2025:KHC-D:2271-DB MFA No. 102403 of 2019 C/W CCC No. 100149 of 2022 settlement of all claims towards permanent alimony and maintenance. [B] The office is directed to draw decree accordingly. [C] The contempt proceedings are closed. SD/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE PJ/CT-VG LIST NO.: 1 SL NO.: 59