- 1 - HC-KAR NC: 2025:KHC-D:13685-DB MFA No. 104046 of 2024 C/W MFA No. 104682 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. MISCELLANEOUS FIRST APPEAL NO. 104046 OF 2024 (MC) C/W MISCELLANEOUS FIRST APPEAL NO. 104682 OF 2024 IN MFA NO. 104046/2024: BETWEEN: ARCHANA W/O PRAKASH RAIKAR AGE. 37 YEARS, OCC. HOUSEHOLD, R/O. VADAGAON, BELAGAVI. NOW R/O.C/O. RAVALU GANAPATI SHET, SABGERI, KARWAR BALALRY ROAD, AT/POST. YELLAPUR NAGAR, TQ. YELLAPUR, DIST. UTTARA KANNADA-581359. …APPELLANT (BY SRI. VISHWANATH HEGDE, ADVOCATE) AND: PRAKASH S/O VENKANTRAI RAIKAR AGE. 48 YEARS, OCC. GOLD SMITH WORK, R/O. 5TH CROSS, KAMAKSHI-KRUPA, NAZAR CAMP, NEAR ARLIKATTE, NEAR PIMPALKATTE GANAPATI TEMPLE, VADGOAN, BELAGAVI-590005. …RESPONDENT (BY SRI. AMRUT V. JOIS, ADVOCATE) THIS MFA IS FILED U/S.28(1) OF THE HINDU MARRIAGE ACT, 1955, AGAINST THE JUDGMENT AND DECREE DATED 07.06.2024, PASSED IN MATRIMONIAL CASE NO.25/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JUDICIAL MAGISTRATE FIRST CLASS, YELLAPUR, DISMISSING HE PETITION FILED U/SEC. 9 OF THE HINDU MARRIAGE ACT & ETC. VINAYAKA B V Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13685-DB MFA No. 104046 of 2024 C/W MFA No. 104682 of 2024 IN MFA NO. 104682/2024: BETWEEN: ARCHANA W/O PRAKASH RAIKAR AGE. 37 YEARS, OCC. HOUSEHOLD WORK, R/O.C/O. RAVALU GANAPATI SHET, SABGERI, KARWAR BALLARY ROAD, AT/POST. YELLAPUR NAGAR, TQ. YELLAPUR, DIST. UTTARA KANNADA-581359. ...APPELLANT (BY SRI. VISHWANATH HEGDE, ADVOCATE) AND: PRAKASH S/O VENKANTRAI RAIKAR AGE. 48 YEARS, OCC. SERVICE UNDER GOLD SMITH AND PVT.JOB, R/O. KAMAKSHI-KRUPA, NAZAR CAMP, R/O. 5TH CROSS, YALLUR ROAD, NEAR ARLIKATTE, VADGOAN, BELAGAVI-590005. ...RESPONDENT (BY SRI. AMRUT V. JOIS, ADVOCATE) THIS MFA IS FILED U/S.28(1) OF THE HINDU MARRIAGE ACT, 1955, AGAINST THE JUDGMENT AND DECREE DATED 07.06.2024, PASSED IN MATRIMONIAL CASE NO.3/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JUDICIAL MAGISTRATE FIRST CLASS, YELLAPUR, ALLOWING THE PETITION FILED U/SEC. 13(1)(I-A) OF THE HINDU MARRIAGE ACT & ETC. THESE APPEALS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. - 3 - HC-KAR NC: 2025:KHC-D:13685-DB MFA No. 104046 of 2024 C/W MFA No. 104682 of 2024 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) MFA No.104682/2024 is filed under Section 28(1) of the Hindu Marriage Act, 19551 questioning the judgment and decree dated 7.6.2024 passed in MC No.3/2020 on the file of learned Senior Civil Judge and Prl. JMFC, Yellapur, whereunder appellant’s/husband’s petition under Section 13(1)(i-a) of the Act, 1955 is allowed dissolving marriage of the appellant and respondent holding that the respondent/wife would be entitled to Rs.7,00,000/- as permanent alimony. 2. MFA No.104046/2024 is filed under Section 28(1) of the Act, 1955 questioning the judgment and decree dated 7.6.2024 passed in MC No.25/2019 on the file of learned Senior Civil Judge and Prl. JMFC, Yellapur, wherein petition under Section 9 of the Act, 1955 filed by the appellant/wife is dismissed. 3. This Court by order dated 15.07.2025 referred the dispute involved in both the appeals to the Mediation at Mediation Centre, High Court of Karnataka, Dharwad Bench. 1 For short ‘Act, 1955’ - 4 - HC-KAR NC: 2025:KHC-D:13685-DB MFA No. 104046 of 2024 C/W MFA No. 104682 of 2024 Before the Mediator, the appellant/wife as well as the respondent/husband have settled their dispute and entered into memorandum of agreement under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007. 4. Terms of the compromise at paragraphs 5 to 16 in the memorandum of agreement read as under: 5. The Hon'ble Court referred the matter for mediation. Now with the intervention of mediator and both the families, finally it is decided that they shall separate by dissolving the marriage by accepting the decree for dissolution of marriage granted by the trial Court in MC No.03/2020 on the file Senior Civil Judge, Yellapura. However, the permanent alimony of Rs.7,00,000/- granted by the trial Court to be enhanced to Rs.24,50,000/- (Twenty Four Lakh Fifty Thousands only) payable to Wife/Appellant by Husband/Respondent as a permanent life alimony. 6. It is submitted that the Appellant/wife has agreed to withdraw all claims against respondent/husband by accepting permanent Life alimony of Rs. 24,50,000/- (Twenty Four Lakh Fifty Thousands only). 7. The respondent has paid the Rs.24,50,000/- as permanent alimony to the appellant wife vide through Demand Draft bearing No.102813 drawn on. Karnataka Bank Ltd Adarsh Nagar Belagavi Dtd:- 09.10.2025 in favour of appellant/wife. The appellant/wife also acknowledge the receipt of the permanent alimony as full, and final settlement. 8. Both parties agreed withdraw allegations against each other. - 5 - HC-KAR NC: 2025:KHC-D:13685-DB MFA No. 104046 of 2024 C/W MFA No. 104682 of 2024 9. It is submitted that the Respondent has no objection for modify the Judgment and decree dated 7-6-2024 passed in M.C.No.3/2020 passed by the Senior Civil Judge and Prl. JMFC, Yellapur in M.F.A.No 104682/2024. 10. The appellant wife has voluntarily agreed to deposit Rs. 12,50,000/- in the name of Minor Child Kum. Prajwal Prakash Raikar in any nationalized bank till he attains the age of majority. It is also agreed between the parties that, the appellant wife is entitled to receive the interest accrued on the fixed deposit for the benefit of minor child. 11. That, the Respondent/Husband already visiting the child at reasonable time and the same was not objected by the Appellant/Wife and both parties have agreed same shall be continued in future days. 12. That Both parties hereby agree that they shall not have any claim of maintenance/ rights over the properties or counterclaim, disputes, demands, initiate actions, proceedings etc. of whatsoever nature against each other and hereafter, in relation to and/or arising out of the said marriage and further undertake not to make any allegations in the future against each other in relation to the marriage. 13. That, the appellant/wife is agreed to withdraw the pending litigations against the respondent/husband as she has givenup all her claims against her husband in Crl. Misc No.76/2022 Pending on the file of Prl. Civil Judge & JMFC, Yellapur & Exucation petition no.115/2024, pending on the file of Senior Civil Judge, Yellapur. 14. The judgment and decree dated 07-6-2024 under appeal may be modified by confirming decree of divorce dissolving the marriage solemnized on 05-2- 2014 between appellant and respondent and enhance the permanent alimony of Rs.7,00,000/- into 24,50,000/- (Twenty Four Lakh Fifty thousand only) in terms of the compromise petition. The Demand Draft is drawn on ten Appellant/Wife in her maiden name. The aforesaid Demand draft is handed over to - 6 - HC-KAR NC: 2025:KHC-D:13685-DB MFA No. 104046 of 2024 C/W MFA No. 104682 of 2024 the wife appellant before the Hon'ble High Court of Karnataka Dharwad Bench Dharwad. 15. The contents of the compromise petition which is in English read over and explained to the Parties in both Kannada and English and the parties having understood contents and agreed thereupon and affixed their signature with free consent and volition free from all undue influence, fraud and misrepresentations, to this compromise have signed this compromise petition after being explained about the terms in Kannada after agreeing to the contents. 16. Wherefore parties to the compromise humbly pray that the Hon'ble Court may be pleased to modify the judgment and decree dated 7-6-2024 passed by Senior Civil Judge and Prl. JMFC Yellapur in M.C.No.3/2020 by confirming decree of divorce dissolving the marriage solemnized on 5-2-2014 between appellant and respondent and enhance the permanent alimony of Rs.7,00,000/- into 24,50,000/-(Twenty Four Lakh Fifty thousand only) in terms of the compromise petition in the interest of justice and equity. The M.F.A No.104046/2024 filed by wife seeking restitution of conjugal Rights may kindly be dismissed in terms of the compromise. 5. Both the appellant-Smt. Archana and the respondent-Sri. Prakash Venkatrai Raikar are present before the Court, who are duly identified by their respective counsels. The respondent/husband today before the Court hands over a Demand Draft bearing No.102813 dated 09.10.2025 for a sum of Rs.24,50,000/- drawn on Karnataka Bank Limited, Belagavi- Adarsh Nagar Branch, towards permanent alimony to the - 7 - HC-KAR NC: 2025:KHC-D:13685-DB MFA No. 104046 of 2024 C/W MFA No. 104682 of 2024 appellant, as agreed. The appellant/wife acknowledges the receipt of the said Demand Draft. 6. In terms of the memorandum of agreement entered into between the parties pursuant to the mediation, both the appeals are disposed off and the impugned judgments and decrees under appeals are modified to the above extent. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE JTR CT:VP LIST NO.: 2 SL NO.: 1