Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36404 CP No. 183 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
CIVIL PETITION NO.183 OF 2025
BETWEEN:
SMT. P.R. NAGASHRI AGED ABOUT 31 YEARS, D/O. P.S. RAMACHANDRA RAO, W/O. AKSHAY .L R/O. #1642/6, SADGURU KRUPA, 15TH CROSS, ANJANEYA BADAVANE, DAVANAGERE-577004. …PETITIONER
(BY SRI CHIDAMBARA G.S., ADVOCATE)
AND:
SRI AKSHAY .L AGED ABOUT 35 YEARS, S/O. K. LAXMINARAYANA RAO, R/O. #48, JUDICIAL LAYOUT, BOGADI, BOGADI POST, MYSURU-570026. …RESPONDENT
(BY SRI T.N. VISWANATHA, ADVOCATE)
THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF CPC, PRAYING TO WITHDRAW M.C.NO.80/2025 FILED BY RESPONDENT AND PENDING ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT MYSURU AND TRANSFER THE SAME TO THE FAMILY COURT AT DAVANAGERE FOR DISPOSAL IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR SETTLEMENT, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:36404 CP No. 183 of 2025
CORAM:
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL ORDER
The matter was referred to mediation. The parties have amicably settled their disputes before the mediation Centre. 2. The memorandum of settlement filed under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is placed before the Court. The memorandum is duly signed by the petitioner and special power of attorney holder of respondent. 3. The terms of the memorandum of settlement reads as under:
“3. In view of the settlement arrived between the parties, both the parties have agreed to dissolve their marriage in M.C.No.80/2025 pending on the file of I Addl. Principal Judge, Family Court, Mysuru as per the terms settled and signed by the parties in this settlement. - 3 -
HC-KAR NC: 2025:KHC:36404 CP No. 183 of 2025
4. The respondent/husband has agreed to pay a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) to the petitioner/wife towards the maintenance/permanent alimony as full and final settlement of all her claims. The said amount will be paid by the respondent/husband by way of demand draft payable at Davanagere and the same shall be handed over to the Petitioner/wife at the time reporting settlement in M.C.No.80/2025 pending on the file of 1st Addl. Principal Judge, Family Court, Mysuru. 5. The respondent/father has agreed to pay a sum of Rs.35,00,000/- (Rupees Thirty Five Lakhs Only) towards the welfare and educational expenses of the minor child Khushi.A. by way of demand draft payable at Davanagere drawn in favour of the minor daughter and the said demand draft will be handed over to the Petitioner/mother at the time reporting settlement in M.C.No.80/2025 pending on the file of 1st Addl. Principal Judge, Family Court, Mysuru. 6. The minor child Khushi.A who was/is presently under the care and custody of the petitioner/mother and will continue to be under the sole and permanent custody of the petitioner/mother and the petitioner/mother shall be sole custodian/guardian for the minor child in future and the
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HC-KAR NC: 2025:KHC:36404 CP No. 183 of 2025
petitioner/mother will be the sole authority to sign in all documents such as Passport, VISA, School documents and all education documents pertaining to the minor child in future for which the Respondent/father has no objection. 7.
7. The petitioner/mother undertakes to deposit the aforesaid amount of Rs.35,00,000/- (Rupees Thirty Five Lakhs Only) paid by the Respondent/Father as full and final settlement of minor claim of minor child Khushi.A, and accrued interest from the fixed deposit will be utilized for the education and welfare expenses of the minor child. The said deposit shall be released once the daughter attains the age of majority, without any objection from either of the parties. The Petitioner/mother will be signing authority for all financial needs/institutions in future. 8. Both parties state that apart from the above they have no claims in whatsoever nature against each other either in past, present, in future. 9. The parties state that they do not own any immovable assets as on today and they have no claims over the movable or immovable properties belonging to each other either existing as on today or to be acquired in future. - 5 -
HC-KAR NC: 2025:KHC:36404 CP No. 183 of 2025
10. Both the parties have already exchanged their valuables, as such they have no claims in this regard. 11. The Petitioner and Respondent undertake that they shall have no future claim against each other in respect of maintenance, alimony or in respect of movable and immovable assets. 12. Both the parties do hereby agree to restrain themselves and their family members from further communication and social proclamation on any platform or phase or any verbal conversation to third party, in regard to this matter and thereby shall lead their own lives, holding absolute right over their personal decisions, wherein they shall not interfere or question with each other’s whereabouts at any point in time, after dissolution of their marriage. Both the parties assure not to interfere in the life of each, not to claim anything from each other except what is agreed herein, not to file any case against each other and not to defame each other either by words or actions. 13. The parties further state that there has been no collusion or force, fraud or any undue influence by any of the parties to enter into this into this compromise in the aforesaid manner. - 6 -
HC-KAR NC: 2025:KHC:36404 CP No. 183 of 2025
14. The SPA Holder for the Respondent has produced a copy of Special Power of Attorney, which is attached to this memorandum of settlement.
It becomes the part and parcel this settlement. 15. Both the parties agree to appear before the court with their proof of identity to enable the Hon'ble Court to record settlement.”
4. Today (12.09.2025), the petitioner and the special power of attorney holder of respondent are present before this Court. On being questioned, they have stated that they have voluntarily and without any coercion agreed to the terms recorded in memorandum of settlement. 5. The memorandum of settlement is taken on record. Accordingly, this petition stands disposed of in terms of memorandum of settlement. 6. The Registry is directed to transmit the memorandum of settlement along with a copy of this
Order to the I Additional Principal Judge, Family Court, Mysuru in M.C.No.80/2025. The said Family Court to pass
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HC-KAR NC: 2025:KHC:36404 CP No. 183 of 2025
appropriate orders in terms of the settlement and dispose of the matter in accordance with law. The parties are directed to appear before the Family Court, Mysuru on 22.09.2025.
Sd/- _____________________ JUSTICE K.S. HEMALEKHA
AT List No.: 2 Sl No.: 1