- 1 - HC-KAR NC: 2025:KHC-D:10447-DB MFA No. 102861 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL M.F.A. NO.102861 OF 2025 (MC) BETWEEN: SMT. SAKKUBAI W/O. AJAY SHIRODAKAR, AGE: 29 YEARS, OCC: HOUSEHOLD WORK, R/O. HALYAL, TAL: HALYAL, DIST: UTTAR KANNADA-590003. …APPELLANT (BY SRI. ANAND ASHTEKAR, ADVOCATE) AND: SHRI AJAY S/O. NARAYAN SHIRODAKAR, AGE: 42 YEARS, OCC: WCPM EMPLOYEE, R/O. H. NO.174/B, DFA TOWNSHIP, DANDELI, TAL: DANDELI, DIST: UTTAR KANNADA. …RESPONDENT THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 28(1) OF HINDU MARRIAGE ACT, 1984, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 12.03.2025 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, HALIYAL, IN M.C. NO.64/2024 AND ETC. THIS 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 CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:10447-DB MFA No. 102861 of 2025 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present appeal is filed by the wife challenging the judgment and decree passed in M.C.No.64/2024 whereby the matrimonial relationship stood dissolved by virtue of judgment passed on a petition under Section 13(B) of the Hindu Marriage Act, 1955 on the ground of mutual consent. 2. In the present appeal memorandum, various grounds have been raised including fraud and misrepresentation on the basis of which consent was obtained. Perused the observations made by the Apex Court in SLP No.4530/2025. Observations made in Para 3, 4 and 5 reads as under: “3. The submission of learned senior counsel for the petitioner is that the consent decree was obtained by fraud and therefore, the same is liable to be recalled. 4. If that be so, the proper remedy available to the petitioner is to approach the Family Court itself for recall of the consent decree rather than filing an appeal. 5. In view of the above, the present special leave petition stands dismissed with liberty to the petitioner to approach the Family Court.” - 3 - HC-KAR NC: 2025:KHC-D:10447-DB MFA No. 102861 of 2025 3. In the light of the allegation of fraud and misrepresentation on the basis of which consent is alleged to have been obtained, it would be appropriate that such aspect brought to the notice of the same Court which passed the judgment which would be appropriate remedy. This would also be legal position in the light of the order of the Apex Court as observed above. In light of the same, the appeal is disposed off relegating the appellant to avail of remedy as observed supra. All contentions of the appellant are kept open. 4. Office to return certified copy of the judgment by retaining Xerox copy for reference. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE CLK /CT-AN List No.: 1 Sl No.: 37