- 1 - HC-KAR NC: 2025:KHC-D:11989-DB MFA No. 101296 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL MISCELLANEOUS FIRST APPEAL NO. 101296 OF 2024 (MC) BETWEEN: SMT. SAVITA W/O. RAMAGOND KOTTALAGI, AGE : 35 YEARS, OCCUPATION: PRIVATE SERVICE, R/O. TELASANG, TALUKA. ATHANI, NOW RESIDING AT JATH-416 404. TALUKA. JATH, DIST. SANGLI, MAHARASTRA STATE. - APPELLANT (BY SMT. SUNANDA P. PATIL, ADVOCATE) AND: SHRI. RAMGOND S/O. IRAPPA KOTTALAGI, AGE : 42 YEARS, OCCUPATION: PRIVATE SERVICE, R/O. TELASANG-591 265, TALUKA. ATHANI, DIST. BELAGAVI. - RESPONDENT (BY SRI. H.N. GULARADDI AND SRI. G.D. PATIL, ADVOCATES) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.28(1) OF THE HINDU MARRIAGE ACT 1955, CHALLENGING DISMISSAL ORDER PASSED BY THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ATHANI IN M.C. NO. 34/2022 DATED 10.07.2023 AND GRANT OPPORTUNITY TO BOTH APPELLANT AND RESPONDENT TO RE- CONSIDER THEIR RELIEF OF DIVORCE BY WAY OF MUTUAL CONSENT IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11989-DB MFA No. 101296 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present appeal has been filed seeking to set aside the order of dismissal passed in M.C. No. 34/2022. Before the Family Court, M.C. No. 34/2022 was filed under Section 13(B) of the Hindu Marriage Act (for short, the ‘Act’) seeking for dismissal of the matrimonial relationship on the ground of mutual consent. 2. It is to be noted that eventually the petition filed u/S 13(B) of the Act came to be dismissed taking note of the memo dated 20.03.2023 whereby the appellant herein sought for dismissal of the petition and in-effect had revoked her consent. 3. It is the case made out by the appellant that there was a meeting of elders of the families and consensus arrived at for dissolution of the matrimonial relationship. On the basis of such consensus, there was a settlement in O.S. No. 149/2022. In terms of the order passed in O.S. No. - 3 - HC-KAR NC: 2025:KHC-D:11989-DB MFA No. 101296 of 2024 149/2022 the plaintiffs had given up their rights regarding to certain properties standing in the name of the father of the respondent. It is submitted that the compromise was entered into on the basis of the consensus arrived at between the elders. During the pendency of O.S. No. 149/2022 in terms of the understanding arrived at, parties have filed petition u/S 13(B) of the Act. However, as the respondent failed to act in terms of the settlement arrived at between the elders and did not give up rights in the flat at Pune in favour of the appellant, the appellant was constrained to file a memo and revoke consent in M.C. No. 34/2022. 4. It is noticed that the present appeal may not be maintainable in the light of the proceedings arising out of dismissal of 13(B) petition. 5. Learned counsel for the appellant submits that the proceedings in W.P. No. 100679/2025 may be tagged along with this appeal and the compromise entered in O.S. No. - 4 - HC-KAR NC: 2025:KHC-D:11989-DB MFA No. 101296 of 2024 149/2022 be set aside as fraud has been played on the appellant herein. 6. While we are not in a position to entertain the appeal we keep open all contentions of the appellant in specific as raised regarding the settlement stated to have been entered in O.S. No. 149/2022 which compromise was a part of settlement arrived at between the elders pursuant to which O.S. No. 149/2022 has been settled as well as the earlier petition u/S 13(B) of the Act was also instituted. 7. All contentions of the appellant regarding fraud said to have been committed are kept open to be raised in appropriate proceedings. 8. Needless to state the dismissal of the present appeal would not have the effect on the pending proceedings in the writ petition or before any other Court and contentions of the appellant regarding the circumstances leading to filing of 13(B) petition and settlement in O.S. No. 149/2022 are - 5 - HC-KAR NC: 2025:KHC-D:11989-DB MFA No. 101296 of 2024 kept open. Subject to the above observation the appeal is dismissed. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE BVV, CT:VP LIST NO.: 1 SL NO.: 13