- 1 - HC-KAR NC: 2025:KHC-D:9403-DB MFA No. 101150 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL MISCELLANEOUS FIRST APPEAL NO. 101150/2022 (MC) BETWEEN: SMT. BAISAHEB W/O. SOMASEKHAR DESAI @ PUJAR, AGE: 47 YEARS, OCC: AGRICULTURE & HOUSE HOLD, R/O. HOSATTI, TAL: GOKAK, DIST. BELAGAVI, PIN CODE-591218. …APPELLANT (BY SRI. MAHANTESH S. HIREMATH, ADVOCATE) AND: SRI. SOMASHEKHAR S/O. LAXMANRAO DESAI @ PUJAR, AGE: 57 YEARS, OCC: TEACHER, R/O. YAMAKANMARADI, TQ. HUKKERI, DIST. BELAGAVI, PIN CODE-591309. …RESPONDENT (BY SMT. SUNANDA P. PATIL, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.28(1) OF THE HINDU MARRIAGE ACT, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE IMPUGNED JUDGMENT PASSED IN M.C.NO.30/2018, DATED 09.08.2018, ON THE FILE OF SENIOR CIVIL JUDGE AT: HUKKERI SIT AT: SANKESHWAR. 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:9403-DB MFA No. 101150 of 2022 ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL) This appeal is filed challenging the judgment and decree dated 09.08.2018 passed in M.C.No.30/2015 by the Senior Civil Judge, Hukkeri, sitting at Sankeshwar, wherein, the petition filed by the respondent under Section 13(1a) and (b) of Hindu Marriage Act, 1955 seeking dissolution of marriage was allowed. The marriage solemnized between the petitioner and respondent dated 04.06.1994 was dissolved by decree of divorce. Being aggrieved by the same, this appeal is filed by the husband. 2. This Court vide order dated 11.06.2025 referred the matter to the Mediation Centre, High Court of Karnataka, Dharwad Bench. 3. Today, both the parties are present before the Court and they have identified by their respective counsels. They have filed memorandum of agreement - 3 - HC-KAR NC: 2025:KHC-D:9403-DB MFA No. 101150 of 2022 under Section 89 of the Code of Civil Procedure read with Rules- 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007. 4. We have perused the joint compromise memo signed by the parties. We have enquired with the parties present before the Court with regard to the compromise arrived by them before the Mediation Centre. They express that they have entered the compromise on their volition and without coercion and have signed the compromise memo. The said submission is placed on record. 5. The joint compromise memo is voluntary one, entered in accordance with law and not opposed to any public policy. Considering the same, joint compromise memo is placed on record which reads as under: “The appellant and the Respondent herein are filing this Joint Memo as under: 1. The above appeal has been filed by the appellant/wife challenging the judgment and decree dated 09.08.2018 passed by the Senior Civil Judge, Hukkeri Sitting at Sankeshwar in MC - 4 - HC-KAR NC: 2025:KHC-D:9403-DB MFA No. 101150 of 2022 30/2015. The Senior Civil Judge, Hukkeri Sitting at Sankeshwar allowed the petition filed by the respondent under Section 13 (1) (ia) & (ib) of Hindu Marriage Act, 1955 and thereby dissolved the marriage of appellant and respondent dated 04.06.1994 solemnized at Balabhima Devasthan, Kulagod, Taluka: Gokak. The above matter has been referred to the Mediation and before the Mediation, the parties have amicably settled their dispute on the following terms and condition and accordingly they are filing this Joint Memo. 2. The appellant and the respondent respectfully submit that they are living separately for the last more than 15 years and now they admit that there is no possibility of reunion now. Out of the wed lock between the appellant and respondent the appellant gave birth to a son by name Vikram who died due to snake bite on 09.11.2006. 3. Now the appellant and respondent after detailed deliberation have decided to put an end to the marital tie by way of divorce. Therefore the appellant accepts the judgment and decree passed by the Senior Civil Judge, Hukkeri Sitting at Sankeshwar by receiving an amount of Rs. 7,40,000/- (Rupees seven lakhs forty thousand only) through DD bearing no. 068928 dated - 5 - HC-KAR NC: 2025:KHC-D:9403-DB MFA No. 101150 of 2022 21.07.2025 towards past, present and future maintenance or permanent alimony. The appellant and respondent have filed this compromise petition out of their own will, wish and pleasure. The same is not tainted with malafides. 4. The appellant relinquished the right of maintenance against the respondent by receiving an amount of 7,40,000/-(Rupees seven lakhs forty thousand only) through DD bearing no. 068928 dated 21.07.2025 towards past, present and future maintenance and she shall not claim the maintenance for herself from the respondent in future. The appellant shall not claim any right, title or interest over the respondent or his property henceforth. The respondent shall pay an amount of 7,40,000/- (Rupees seven lakhs forty thousand only) to the petitioner before the Hon'ble High Court of Karnataka. 5. Therefore the judgment and decree dated 09.08.2018 passed by the Senior Civil Judge, Hukkeri Sitting at Sankeshwar thereby dissolving the marriage of the petitioner and respondent dated 04.06.1994 solemnized at Balabhima Devasthan, Kulagod Taluka: Gokak may kindly be confirmed in terms of the compromise petition in the interest of justice, and equity. - 6 - HC-KAR NC: 2025:KHC-D:9403-DB MFA No. 101150 of 2022 6. Both the parties subject to the terms of this compromise, have agreed to withdraw all the allegations made against each other and agreed to withdraw all Civil and Criminal Proceedings initiated against each other, if any. The appellant and the Respondent have no other claim against each other. 7. Parties will appear on 30.07.2025 at 2:30 p.m. before the Hon'ble court for passing orders/decree.” 6. In view of the aforesaid joint compromise memo, the appeal is required to be disposed off affirming the conclusion in the impugned judgment and decree of the trial Court. 7. For the aforementioned reasons, the appeal is disposed off in terms of the compromise petition. The marriage between the appellant and respondent dated 04.06.1994 solemnized at Shri. Balabhima Devasthan, Kulagod, Tq: Gokak is dissolved by the trial Court is affirmed. - 7 - HC-KAR NC: 2025:KHC-D:9403-DB MFA No. 101150 of 2022 8. Registry shall draw decree in terms of compromise. Sd/- (S.SUNIL DUTT YADAV) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE RKM /CT-AN List No.: 3 Sl No.: 1