N.R.VINAYAK S/O N.M.RAJENDRA SWAMY v. DEEPA D/O SHASHIDAR PATRU
MFA/102497/2019 · 2025-09-04
S Sunil Dutt Yadav, Vijaykumar A Patil
body2025
DailyLaw.ai
[ 2025 DAILYLAW 58946 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 58946 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:11359-DB MFA No. 102497 of 2019
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 4TH 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. 102497 OF 2019 (MC)
BETWEEN:
N. R. VINAYAK S/O. N. M. RAJENDRA SWAMY, AGE: 30 YEARS, OCC: PRICING ANALYST, R/O. MOMAN MUTT, MAHARAJ PETH, DAVANAGERI, NOW R/O. PRICING AANAYASTIN KEY STONE, AUTOMOTIVE OPERATION (INDIA) PVT., LTD., BILEKALLI LAYOUT, 2ND CROSS, D.NO.3, BANNERGATTA ROAD, BENGALURU-28. …APPELLANT (BY SMT. VIDYAVATHI M. KOTTURSHETTAR, ADVOCATE)
AND:
DEEPA D/O. SHASHIDAR PALTURU, AGE: 27 YEARS, R/O. RAJAKUMAR STREET,
"NANDA DEEPA", BEHIND MAHALAKSHMI TEMPLE, M.P.PRAKASH NAGAR, HOSAPETE. …RESPONDENT (BY SRI. GURUDEV GACHCHINAMATH, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.28 OF THE HINDU MARRIAGE ACT, PRAYING TO CALL FOR RECORDS IN M.C.
NO.51/2016 ON THE FILE OF ADDL. SENIOR CIVIL JUDGE AND JMFC, HOSAPETE AND SET ASIDE THE JUDGMENT AND DECREE DATED 01.06.2019 PASSED BY THE LEARNED ADDL. SENIOR CIVIL JUDGE AND JMFC, HOSAPETE IN M.C. NO.51/2016 AND ALLOW THE APPEAL FILED BY THE APPELLANT IN THE INTEREST OF EQUITY AND NATURAL JUSTICE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench
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HC-KAR NC: 2025:KHC-D:11359-DB MFA No. 102497 of 2019
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 S.SUNIL DUTT YADAV)
The present appeal was filed challenging the order passed in MC.No.51/2016 by virtue of which the petition filed for dissolution of matrimonial relationship came to be rejected. During the pendency of the present appeal, the matter was referred for mediation. Memorandum of agreement under Section 89 of the Code of Civil Procedure has been entered into. The terms of the settlement reads as under:
“1. That, the husband and wife agreed to resolve the dispute amicibally and they have agreed to live together with son Master. Bhargav and daughter Aadhya happily and the husband and wife have agreed to take care of each other and look after each other with Love and Affection. 2. Both the parties have agreed to withdraw the MFA No.102497/2019 filed by husband against wife. The above said appeal to be closed as settled between in respective parties.”
2.
Both the parties upon query state that the settlement arrived at and terms reflected in the settlement have been
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HC-KAR NC: 2025:KHC-D:11359-DB MFA No. 102497 of 2019
agreed to by the both parties upon their own will and volition. It is further submitted that the memorandum of settlement and terms have been explained to them which has been agreed and reduced into writing. Taking note of the submission of both the parties who appeared through video conferencing that they are staying together, the agreement entered into may be accepted. Accordingly, the appeal is disposed off while recording the terms of settlement as reflected in the memorandum of agreement under Section 89 of CPC. 3. Decree to be drawn accordingly. Sd/- (S.SUNIL DUTT YADAV) JUDGE
Sd/- (VIJAYKUMAR A.PATIL) JUDGE
RH /CT-AN List No.: 1 Sl No.: 6