- 1 - HC-KAR NC: 2025:KHC:35193-DB MFA No. 6525 of 2019 C/W MFA No. 6271 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 6525 OF 2019 (FC) C/W MISCELLANEOUS FIRST APPEAL NO. 6271 OF 2019(FC) IN MFA No. 6525/2019 BETWEEN: SRI.R.MADHUSUDHAN, S/O.SRI.RAJU, AGED ABOUT 34 YEARS, R/AT NO.1075, 8TH MAIN, 2ND STAGE, HEBBAL, MYSORE. …APPELLANT (BY SRI. GIRISHA N.R, ADVOCATE) AND: SMT. SHRADDHA PATHAK, W/O R.MADHUSUDHAN, D/O MR.JAYARAM PATHAK, AGED ABOUT 32 YEARS, R/AT NO.2992/1, 3RD MAIN, V.V.MOHALLA, MYSORE-02. …RESPONDENT (BY SRI. SHRIKANTA SHARMA, ADVOCATE) Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35193-DB MFA No. 6525 of 2019 C/W MFA No. 6271 of 2019 THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 23.07.2019 PASSED IN M.C.NO.564/2015 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, MYSURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(i- a)(i-b) OF THE HINDU MARRIAGE ACT. IN MFA NO. 6271/2019 BETWEEN: SRI.R.MADHUSUDHAN, S/O SRI.RAJU, AGED ABOUT 34 YEARS, RESIDING AT NO.1075, 8TH MAIN, 2ND STAGE, HEBBAL, MYSORE. ...APPELLANT (BY SRI. GIRISHA N.R, ADVOCATE) AND: SMT.SHRADDHA PATHAK, W/O R.MADHUSUDHAN, D/O MR.JAYARAM PATHAK, AGED ABOUT 32 YEARS, R/AT NO.2992/1, 3RD MAIN, V.V.MOHALLA, MYSORE-02 ...RESPONDENT (BY SRI. SHRIKANTA SHARMA, ADVOCATE) THIS MFA IS FILED U/S 19(1) OF THE FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 23.07.2019, PASSED IN MC.NO.30/2016, ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, MYSURU, ALLOWING THE PETITION FILED U/SEC.9 OF HINDU MARRIAGE ACT. - 3 - HC-KAR NC: 2025:KHC:35193-DB MFA No. 6525 of 2019 C/W MFA No. 6271 of 2019 THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI AND HON'BLE MR. JUSTICE UMESH M ADIGA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) Pursuant to the previous order dated 01.09.2025 passed by this Court, the parties are present in the Court along with their respective counsel and have been identified by their respective counsel. 2. The matter has come up for consideration of the Memorandum of Compromise Petition filed under Order XXIII Rule 3 of Code of Civil Procedure, 19081. The aforesaid Memorandum of Compromise Petition has been filed along with a Memo dated 20.08.2025. 3. The parties have identified their signatures on each page of the compromise as well as and verifying affidavits. They have stated that they have read the terms of the 1 CPC - 4 - HC-KAR NC: 2025:KHC:35193-DB MFA No. 6525 of 2019 C/W MFA No. 6271 of 2019 compromise and agreed to abide by the same. The Memorandum of Compromise reads as follows:- "MEMORANDUM OF COMPROMISE PETITION FILED UNDER ORDER 23 RULE 3 OF C.P.C. The Appellant and Respondent beg to submit as follows: 1. The Appellant has preferred the present appeal as against the Respondent challenging the Order passed in M.C. No. 564 of 2015 by the Hon'ble Judge, Principal First Additional Family Court at Mysuru. 2. That, the Appellant herein had preferred petition vide M.C. No.564 of 2015 on the file of the Hon'ble Judge, Principal First Additional Family Court at Mysuru as against the Respondent under section 13(1)(i-a)(i- b) of Hindu Marriage Act seeking for the relief of dissolution of Marriage of the Petitioner and Respondent held on 18-04-2010. Subsequently the Respondent herein had preferred the petition vide M.C. No.30/2016 under section 9 of Hindu Marriage Act seeking for the relief of Restitution of Conjugal Rights. On 23-07-2019 the Hon'ble Judge, Principal First Additional Family Court at Mysuru was pleased to pass a judgment, wherein M.C. No.564 of 2015 was dismissed and M.C. No.30/2016 was allowed. 3. That, the Respondent has entered appearance and subsequently upon the interventions of elders and well - 5 - HC-KAR NC: 2025:KHC:35193-DB MFA No. 6525 of 2019 C/W MFA No. 6271 of 2019 wishers both the parties have mutually agreed to resolve their dispute amicably with the following terms and conditions. A. That, without any coercion, both the Appellant and Respondent have decided to dissolve their marriage held on 18-04-2010 at Yashaswi Convention Centre, Hunsur Road, Mysuru. B. That, the Appellant and the Respondent have made separate arrangements towards the permanent alimony of the Respondent. Hence the Respondent hereby by agrees that she will not claim any other benefits from the Appellant. C. That, the Appellant has agreed to take care of educational expenditures, other expenditures of his son Master. Gaurav Madhusudhan. Hence the Respondent shall not claim any further amount from the Appellant towards any maintenance as well as shelter. D. That, the son of the Appellant and Respondent namely Master. Gaurav Madhusudhan shall be with the custody of the Respondent. The Appellant is at liberty to visit/meet his son Master. Gaurav Madhusudhan at any time. The Respondent shall not object for the visiting of son Master. Gaurav Madhusudhan by the Appellant. Further the Appellant is also at liberty to take his son Master. Gaurav Madhusudhan for any vacations, outings, picnics, functions, shopping or any other places of tourism or any other places of - 6 - HC-KAR NC: 2025:KHC:35193-DB MFA No. 6525 of 2019 C/W MFA No. 6271 of 2019 amusement, or to the residence of the Appellant with the sole responsibility of the Appellant and the Respondent shall not object for the same. Further the Respondent has no objection for the Appellant to spend with the son Master. Gaurav Madhusudhan for a period of minimum 50% of the holidays/vacations. WHEREFORE, the Appellant and the Respondent humbly pray that this Hon'ble Court be pleased to allow the present Appeal in view of the terms of compromise entered into between the Appellant and Respondent and pray for Judgment and Decree dissolving the marriage between the Appellant and Respondent held on 18-04-2010 at Yashaswi Convention Center, Mysuru in the interest of justice and equity." 4. We have perused the aforesaid the Memorandum of Compromise Petition and we find that a decree can be made in terms of the aforesaid compromise. 5. By the impugned Judgment and Decree, the application filed by the appellant herein before the Family Court under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955, seeking the relief of dissolution of marriage of the appellant and the respondent held on 18.04.2010 and for grant of Decree of Divorce. - 7 - HC-KAR NC: 2025:KHC:35193-DB MFA No. 6525 of 2019 C/W MFA No. 6271 of 2019 6. The respondent had preferred a petition bearing MC No.30/2016 under the Hindu Marriage Act, 1955 seeking the relief of restitution of conjugal rights. By means of the impugned judgment, the application of the appellant for dissolution of marriage was dismissed and the petition filed by the respondent under Section 9 of the Hindu Marriage Act was allowed. At this stage, by means of the aforesaid Memorandum of Compromise Petition, the appellant and the respondent agree for dissolving their marriage held on 18.04.2010 at Yashaswi Convention Centre, Hunsur Road, Mysuru, by means of mutual consent. 7. The aforesaid Memorandum of Compromise Petition provides for permanent alimony as well as the educational and other expenditures of their only son, Master Gaurav Madhusudhan. The custody and visitation rights have also been amicably agreed between the parties. 8. Accordingly, under the provisions of Section 13B of the Hindu Marriage Act, we deem it fit to direct that the marriage of the appellant and the respondent be dissolved with effect from the date of the decree. It is ordered accordingly. - 8 - HC-KAR NC: 2025:KHC:35193-DB MFA No. 6525 of 2019 C/W MFA No. 6271 of 2019 9. The parties shall be bound by the terms of the Memorandum of Settlement, which shall form part of the decree. 10. It is directed that the decree shall be prepared within a month from making an application for the same, as per Rules. 11. In view of the aforesaid, both the aforesaid appeals are disposed of in terms of the compromise. Sd/- (JAYANT BANERJI) JUDGE Sd/- (UMESH M ADIGA) JUDGE KGR List No.: 1 Sl No.: 30