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2025 DAILYLAW 67412 (KAR)

LAVANYA v. D.N. MANOJ,

MFA/4447/2024 · 2025-07-10

B M Shyam Prasad, G Basavaraja

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:25291-DB MFA No. 4447 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE B M SHYAM PRASAD AND THE HON'BLE MR. JUSTICE G BASAVARAJA MISCELLANEOUS FIRST APPEAL NO. 4447 OF 2024 (FC) BETWEEN: LAVANYA D/O N D JAGADISH W/O D N MANOJ AGED ABOUT 26 YEARS NO.6 NAGADASANAHALLI MAIN ROAD RAJANAKUNTE POST BENGALURU NORTH TALUK BENGALURU RURAL DISTRICT PIN 560064 …APPELLANT (BY SRI. MANJU R BYRAL, ADVOCATE) AND: D.N. MANOJ, S/O D N NAGIREDDY AGED ABOUT 30 YEARS R/O G3 1ST FLOOR ROSE RESIDENCY NO.9 2ND CROSS MANORAYANAPALYA R T NAGAR BENGALURU PIN 560032 …RESPONDENT (BY SMT. P. V. KALPANA , ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25291-DB MFA No. 4447 of 2024 THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 11.03.2024 PASSED IN M.C.NO. 2308/2020 ON THE FILE OF THE IV ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD and HON'BLE MR. JUSTICE G BASAVARAJA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) The appellant is aggrieved by the dissolution of her marriage to the respondent in terms of the impugned Order and Decree dated 11.03.2024 in M.C.No.2308/2020 on the file of the IV Additional Principal Judge, Family Court, Bengaluru [for short, 'the Family Court'] under Section 13(1)(ia) of the - 3 - HC-KAR NC: 2025:KHC:25291-DB MFA No. 4447 of 2024 Hindu Marriage Act, 1955 [for short, 'the HM Act']. The appellant and the respondent are present, and they are identified by their respective learned counsels. The appellant and respondent have filed a Joint Memo for disposal of the appeal. 2. It is seen from the Joint Memo and the enclosed Memorandum of Settlement drawn up under Section 89 of the Code of Civil Procedure, 1908 read with the relevant Rules of the Karnataka Civil Procedure [Mediation] Rules 2005 that the appellant and the respondent are party to multiple proceedings1, that the appellant and the first respondent have agreed to withdraw all the allegations against each other and seek dissolution of marriage by mutual consent with the respondent agreeing to pay a sum of Rs.50,00,000/- as alimony, educational and other expenses for the child. 1 Including criminal proceedings in C.C.No.13276/2021 now pending in the Criminal Petition No.9247/2024 - 4 - HC-KAR NC: 2025:KHC:25291-DB MFA No. 4447 of 2024 3. When queried, both the appellant and the respondent once again affirm that they withdraw the allegations against each other and seek dissolution of marriage by mutual consent. Further, the appellant submits that she is willing to receive Rs.25,00,000/- on 20.06.2025 and that she has received today Rs.25,00,000/- by D.D.No.064623 drawn on Canara Bank. Further, the parties have agreed to withdraw all other pending proceedings. 4. In the light of the afore, the request in the Joint Memo under Section 13B of the HM Act is considered waving statutory remedy, and the appeal stands disposed of modifying the impugned Order and Decree dated 11.03.2024 in M.C.No.2308/2020 on the file of the IV Additional Principal Judge, Family Court, Bengaluru dissolving the marriage solemnized between the appellant and respondent on 18.05.2016 by mutual consent as contemplated under Section 13B of the HM Act. - 5 - HC-KAR NC: 2025:KHC:25291-DB MFA No. 4447 of 2024 The office is directed to draw the decree accordingly. SD/- (B M SHYAM PRASAD) JUDGE SD/- (G BASAVARAJA) JUDGE RB