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2025 DAILYLAW 62670 (KAR)

SMT PRERANA S W/O DEEPAK M URUDUGA v. SRI DEEPAK M URUDUGA S/O MANJUNATH V.G.

MFA/106408/2024 · 2025-10-16

Geetha K B, S G Pandit

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14023-DB MFA No. 106408 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH 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. 106408 OF 2024 (FC) BETWEEN: SMT. PRERANA S. W/O. DEEPAK M. URUDUGA AGE: 27 YEARS, OCC. HOUSEWIFE R/O. PI NO. 25, 3RD CROSS, BHARAT COLONY, KANABARAGI RAOD, RUKMINI NAGAR, BELAGAVI 590011. …APPELLANT (BY SRI. RAKESH M. BILKI, ADVOCATE) AND: SRI. DEEPAK M. URUDUGA S/O. MANJUNATH V.G. AGE: 31 YEARS, OCC. BUSINESS R/O. URUDUGA (SURANI), PO: SANKADAHOLE TQ. TIRTHAHLLI, DIST. SHIVAMOGGA-577432. …RESPONDENT (BY SRI. S.S. BETTURMATH, ADVOCATE) THIS MF IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT, PRAYING TO SET ASIDE JUDGMENT WAS DELIVERED THEREIN AS UNDER: AND DECREE DATED 29.10.2024 PASSED BY THE COURT OF PRINCIPAL JUDGE FAMILY COURT, BELAGAVI IN M.C.NO.343/2019, AND PASS A DECREE OF DIVORCE BY DISSOLVING THE MARRIAGE BETWEEN THE APPELLANT AND RESPONDENT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: BHARATHI H M Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.27 15:03:42 +0530 - 2 - HC-KAR NC: 2025:KHC-D:14023-DB MFA No. 106408 of 2024 CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) This appeal filed under Section 19(1) of the Family Courts Act is directed against the judgment dated 29.10.2024 in MC No. 343/2019 on the file of Principal Judge, Family Court at Belagavi, whereunder appellant’s wife's petition under Section 13(1)(ia) of the Hindu Marriage Act, is dismissed. 2. It is submitted that during the pendency of the appeal, with the advice of the elders, the appellant and respondent have amicably settled the dispute. Appellant Smt. Prerana and respondent Sri Deepak M. Uruduga are present before the Court and they are identified by their respective counsels Sri Rakesh M. Bilki, and Sri S.S. Betturmath. 3. Today, learned counsels have filed compromise petition under Order XXIII Rule 3 r/w Section 151 of CPC. - 3 - HC-KAR NC: 2025:KHC-D:14023-DB MFA No. 106408 of 2024 The same is taken on record. The compromise petition is signed by both appellant and respondent as well as their respective counsels. The terms of compromise reads as follows:- “4. It is submitted that during the pendency of the appeal, at the intervention of the elders of both the families of appellant and Respondent underwent the process of negotiation and mediation by elders and entered into compromise on the following terms. a. It is submitted that both the husband and wife agreed to dissolve their marriage solemnized on 26/10/2017. b. The Respondent husband has paid a sum of Rs.12,00,000/- (Twelve Lakhs only) by way of DD bearing No.099543 dated14/10/2025 drawn on State Bank of India, Thirthalli branch towards permanent alimony to the Appellant wife and the Appellant has accepted to receive the same as permanent alimony and as full and final settlement towards arrears as well. c. The Appellant/wife has agreed to withdraw Crl.Misc.No.364/2022 pending on the file of learned Prl. Judge Family Court, Belagavi, which is filed for recovery of arrears of maintenance. d. In view of the settlement between the parties, the Respondent wife walve of her all the claims against her husband and is not going to claim any further maintenance from the Appellant/husband. Further, both Appellant and Respondent have no other claim over each other whatsoever and also both undertake to withdraw all the litigation pending against each other. - 4 - HC-KAR NC: 2025:KHC-D:14023-DB MFA No. 106408 of 2024 5. The Appellant/husband and Respondent/wife are fully aware about the terms present Compromise. There is no force, coercion or undue influence to sign the present compromise deed and it is prepared as per their free will, wish and accord. 6. The Appellant and Respondent with their free will and consent have agreed to this compromise. The contents of the compromise have read over and explained to the parties in Kannada language known to them and the same are accepted to be true and correct to the best of their knowledge and belief in token whereof they have signed to this compromise petition on this 16th day of October 2025, in the presence of their counsels.” 4. Before the Court, appellant's wife has agreed to receive ₹12,00,000/- as permanent alimony in full and final settlement and she has also agreed to withdraw Criminal Miscellaneous No.364 of 2022 pending on the file of Principal Judge, Family Court, Belagavi. The respondent- husband hands over Demand Draft bearing No.099543 dated 14.10.2025 drawn on State Bank of India, Belgaum Main branch for a sum of ₹12,00,000/- to the appellant and the appellant acknowledges the receipt of the said D.D. towards permanent alimony - 5 - HC-KAR NC: 2025:KHC-D:14023-DB MFA No. 106408 of 2024 5. In view of the settlement arrived and in terms of the compromise, the appeal is allowed. The judgment dated 29.10.2024 is set aside and MC No.343/2019 on the file of Principal Judge, Family Court at Belagavi is allowed in terms of the compromise. The marriage solemnized on 26.10.2017 between the appellant and respondent is dissolved. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE VMB Ct-cmu LIST NO.: 1 SL NO.: 57