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2025 DAILYLAW 62815 (KAR)

SMT. PRIYANKA ALIAS LAXMI W/O VIJAYKUMAR KADE v. SRI. VIJAYKUMAR S/O LATE KRISHNA KADE

MFA/102996/2024 · 2025-12-05

Geetha K B, S G Pandit

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:17366-DB MFA No. 102996 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF DECEMBER 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. MISCELLANEOUS FIRST APPEAL NO. 102996 OF 2024 (FC) BETWEEN: SMT. PRIYANKA @ LAXMI W/O. VIJAYKUMAR KADE, AGE: 26 YEARS, OCC: STUDENT OF B.SC NURSING R/O. NO.178, CITY PARK, GAMANAGATTI, NAVANAGAR, TQ: HUBBALLI, DIST: DHARWAD-580 008. …APPELLANT (BY SMT. KAVITA S. JADHAV, ADVOCATE) AND: SRI. VIJAYKUMAR S/O. LATE KRISHNA KADE, AGE: 30 YEARS, OCC: JUNIOR ASSOCIATE AT SBI, R/O. NO.197, CITY PARK, GAMANAGATTI, NAVANAGAR, HUBBALLI, ALSO R/AT. C/O. RENUKA PARASHURAM KADE, ATMALINGESHWAR NAGAR, NEAR BELUR BUS STAND, BELUR, DHARWAD-580011. …RESPONDENT (BY SRI. GOURI SHANKAR MOT, ADVOCATE) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:17366-DB MFA No. 102996 of 2024 THIS MFA IS FILED UNDER SECTION 19(1) OF THE FAMILY COURTS ACT 1955, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE DATED 30.03.2024 PASSED IN MATRIMONIAL CASE NO.200/2023 BY THE COURT OF THE I ADDITIONAL PRINCIPAL JUDGE FAMILY COURT HUBBALLI AND DISMISS THE PETITION IN MC NO.200/2023, IN THE INTEREST OF JUSTICE AND EQUITY. THIS MFA 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. ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The above appeal filed under Section 19 (1) of the Family Courts Act, 1955 is directed against the judgment dated 30.03.2024 in M.C.No.200/2023 on the file of the I Additional Principal Judge, Family Court at Hubballi (for short, ‘the Trial Court’), by which, respondent’s petition filed under Section 13(1)(ia) of the Hindu Marriage Act, 1955 is - 3 - HC-KAR NC: 2025:KHC-D:17366-DB MFA No. 102996 of 2024 allowed, dissolving the marriage of the appellant and respondent solemnized on 11.06.2020. 2. Appellant Smt.Priyanka @ Laxmi and respondent Sri.Vijaykumar are present along with their respective counsel Smt.Kavita S. Jadhav and learned counsel Sri.Gouri Shankar Mot. The parties are identified by their respective counsel. 3. Learned counsel appearing for the parties would submit that during the pendency of the appeal, appeal was referred to mediation by order dated 18.07.2025. It is stated that before the Mediation, the parties have arrived at a compromise and accordingly, 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, 2017 is entered into between the appellant and the respondent. The terms of the settlement read as follows: 1. That the above appeal (MFA - MC) is filed challenging the Judgment and Decree dated - 4 - HC-KAR NC: 2025:KHC-D:17366-DB MFA No. 102996 of 2024 30/03/2024 passed in M.C. No.200/2023 by the Hon'ble Court of 1st Additional Principal Family Court, At: Hubballi, by appellant/wife. 2. That with the intervention of elders/well-wishers and on mutual understanding, both the parties have arrived at a full and final settlement of all their disputes, claims, and counter-claims arising out of their matrimonial relationship including maintenance, permanent alimony, litigation expenses, and any other past, present or future claims, Moveable & immoveable properties. 3. That as per the One Time Settlement (OTS), that the Respondent- husband has agreed to pay a total sum of Rs.10,00,000/- (Rupees Ten Lakhs only) by way of DD No.002450 dated. 28/11/2025 to the Appellant/wife as full and final settlement towards permanent alimony and all other claims. 4. That the appellant/wife will withdraw all the cases filed against the respondent/husband if any, 5. The Appellant/wife hereby acknowledges and confirms that upon receipt of the above settled amount, she shall not claim any further maintenance, alimony, moveable & Immoveable properties, or any other monetary or legal claims against the respondent either in present or future. 6. That the both parties agree to withdraw the above appeal in view of compromise. 7. Both the appellant and Respondent herein have agreed and admit the terms and conditions stipulated in the compromise petition and affixed their signature in the compromise petition. - 5 - HC-KAR NC: 2025:KHC-D:17366-DB MFA No. 102996 of 2024 8. The terms and conditions of the compromise have been explained to the parties and its consequences in their language known to them and both the parties have voluntarily accepted the terms and conditions of the compromise and affixed their signature without any force, coercion, undue influence or misrepresentation from any side.” 4. In terms of the above settlement, the respondent/husband has paid Rs.10,00,000/- by way of D.D.No.002450 dated 28.11.2025 before the Court today towards the permanent alimony to the appellant/wife, which the appellant/wife has received and acknowledged the receipt of the said D.D. It is also stated that the above amount received is in full and final settlement in respect of all the claims and the appellant/wife has also agreed to withdraw all the cases filed against the respondent/husband, if any. 5. The mediation memorandum of agreement is placed on record. - 6 - HC-KAR NC: 2025:KHC-D:17366-DB MFA No. 102996 of 2024 6. In terms of the memorandum of agreement dated 05.12.2025, the appeal stands disposed of and the judgment dated 30.03.2024 passed in M.C.No.200/2023 by the I Additional Principal Judge Family Court at Hubballi is confirmed. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE NC CT-MCK List No.: 2 Sl No.: 1