- 1 - NC: 2025:KHC-D:4694-DB MFA No. 102168 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.102168 OF 2022 (FC) BETWEEN: MALTESH H. S. S/O SHIVANAGAPPA AGE. 32 YEARS, OCC. SERVICE AT CANARA BANK, R/O. PLOT NO.52, NEAR INDIAN BANK, KALASAPUR ROAD, AT. GADAG. TQ AND DIST. GADAG-581117. …APPELLANT (BY SRI. SURESH P. HUDEDAGADDI, ADVOCATE) AND: SMT. ROOPA W/O MALATESH H.S. BEFORE MARRIAGE ROOPA D/O KOTRAPPA UDDAR, AGE. 32 YEARS, OCC. ASSIST. ENGINEER, R/O. PANCHAYAT RAJ ENGINEERS OFFICER, 1ST FLOOR, DR. HUILGOL HOSPITAL, AT. GADAG, TQ AND DIST. GADAG-581117. …RESPONDENT (BY SRI. K.L. PATIL, ADVOCATE) THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 16.04.2022, PASSED IN MATRIMONIAL CASE NO.132/2020 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT GADAG, DISMISSING THE PETITION FILED U/SEC. 13(1)(ia) AND (ib) OF THE HINDU MARRIAGE ACT 1955 & ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4694-DB MFA No. 102168 of 2022 CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) 1. This appeal under Section 19(1) of the Family Courts Act is directed against the judgment dated 16.04.2022 passed in MC No.132/2020 on the file of I Addl. Prl. Judge, Family Court, Gadag, whereunder respondent’s/husband’s petition filed under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955 is dismissed. 2. The appellant-Malatesh along with learned counsel Sri. Suresh P Hudedagaddi as well as respondent-Smt. Roopa along with her counsel Smt. Padmaja S Tadapatri are present before the Court. The parties are duly identified by their respective counsel. 3. This Court by order dated 23.1.2025 referred the matter to the mediation to explore the possibility of settlement. 4. Learned counsel appearing for the parties submit that the parties have arrived at settlement in the mediation. Memorandum of agreement dated 10.3.2025 entered into - 3 - NC: 2025:KHC-D:4694-DB MFA No. 102168 of 2022 between the appellant and respondent before the Mediation Centre at Dharwad is filed, which is taken on record. The terms and conditions of the memorandum of agreement read as under: “1. That both the parties have agreed to dissolve their marriage performed on 15.02.2019 by mutual consent. 2. In view of difference of opinion between the parties there are cases filed against each other, ie. MC No.132/2020 on the file of I Addl Family Court Gadag. 3. The Appellant Husband filed petition under section 13 (1)(1a) (1b) of Hindu Marriage Act seeking Divorce in MC No.132/2020. That the Wife/Respondent herein disputed the claim of divorce. Hence, the Petition dismissed by the learned I Additional Family Court Gadag dated: 16.04.2022. That the husband/appellant being aggrieved by the dismissal of petition of Divorce has preferred this Appeal challenging the order in MFA No.102168/2022 before Hon'ble High Court of Karnataka Dharwad Bench. As such pending adjudication, the Hon'ble Court was pleased to refer the matter for mediation. 4. That in the process of mediation the matter is settled as per the following terms and conditions: 5. The Appellant-husband and Respondent-wife have agreed to withdraw all the allegations made against each other and both have agreed to dissolve the marriage dated 15.02.2019 by mutual consent in the pending MFA No.102168/2022. 6. The Respondent-wife has agreed to consent for divorce on receiving permanent alimony of Rs - 4 - NC: 2025:KHC-D:4694-DB MFA No. 102168 of 2022 8,00,000/- and consequently the husband/appellant & wife/respondent have agreed to withdraw all allegations against each other. 7. The Appellant-husband has agreed to pay a sum of Rs.8,00,000/- (Rupees Eight Lakhs Only) towards the permanent alimony to the Respondent/wife. The Respondent-wife has agreed to receive the same as full and final settlement and further declare that she has no claim of whatsoever in nature against the Appellant/Husband and his family. 8. The Appellant/Husband has agreed to pay Rs.8,00,000/- (Rupees Eight Lakhs Only) in the form of Demand Draft bearing No.744779 drawn on Canara Bank, Gadag, dtd. 06.03.2025 9. Both parties and their family members have agreed to withdraw all the allegations and counter allegations made against each other in their respective cases and objections. Both the parties and their family members have agreed that they will not file any cases against each other in future. Both the Husband and Wife will not have any claim over the properties of each other. 10. Both the parties have read and agreed over the terms and conditions.” 5. In terms of memorandum of agreement, the parties have agreed for consent divorce and the respondent/wife has agreed to receive permanent alimony of Rs.8 lakhs, which is paid through Demand Draft bearing No.744779 dated 6.3.2025 drawn on Canara Bank, Gadag. The respondent/wife acknowledges the receipt of the said Demand Draft. - 5 - NC: 2025:KHC-D:4694-DB MFA No. 102168 of 2022 6. In terms of memorandum of agreement, the appeal stands disposed of. The judgment dated 16.4.2022 passed in MC No.132/2020 on the file of learned I Addl. Prl. Judge, Family Court, Gadag is hereby set-aside. The marriage of the appellant with respondent solemnized on 15.2.2019 is dissolved by decree of divorce, in terms of memorandum of agreement. Registry to draw decree accordingly. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 26