- 1 - HC-KAR NC: 2025:KHC:25496-DB MFA No. 2232 of 2025 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. 2232 OF 2025 (FC) BETWEEN: SMT. SOWMYA N S DAUGHTER OF SIDDAPPAJJI, AGED ABOUT 43 YEARS RESIDING AT 632, 1ST FLOOR, 10TH CROSS, 4TH MAIN, E AND F BLOCK, RAMAKRISHNANAGAR, MYSURU-570022 …APPELLANT (BY SRI. VENKATESH PRASAD R., ADVOCATE A/W SRI. TEJESH P., ADVOCATE) AND: SRI. SATISH R SON OF S. RAJU, AGED ABOUT 45 YEARS, RESIDING AT SHAMBULINGESWARA KRUPA NO. B-170, B BLOCK, 5TH CROSS, SBM LAYOUT, BOGADI, MYSURU. …RESPONDENT (BY SRI. K.N.NITISH, ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25496-DB MFA No. 2232 of 2025 THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT AGAINST THE JUDGMENT AND DECREE DATED 04.02.2025 PASSED IN MC NO. 4229/2016 ON THE FILE OF THE VI ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955. THIS APPEAL, COMING ON FOR ORDERS, 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's marriage with the respondent solemnized on 21.11.2002 is dissolved under Section 13(1)(ia) of the Hindu Marriage Act, 1955 [for short, 'the HM Act'] at the respondent's instance in M.C.No.4229/2016 on the file of the VI Additional Principal Judge, Family Court, Bengaluru by the impugned Order and Decree dated 04.02.2025. The appellant and the respondent are present, and they are identified by their respective learned counsels - 3 - HC-KAR NC: 2025:KHC:25496-DB MFA No. 2232 of 2025 who have used their good offices to bring about the negotiated settlement. The appellant and the respondent have filed an application under Section 13B of the HM Act agreeing to withdraw all the allegations against each other and seek dissolution of marriage by mutual consent. The appellant and the respondent have also agreed on the amount payable by the respondent as permanent alimony to the appellant and the assurances to meet expenses for the children, who are majors. The terms in this regard are as follows: "The respondent towards, the Permanent alimony, hereby agrees to pay a sum of Rs.18,00,000/- (Rs. Eighteen Lakhs) to the appellant. The appellant has agreed to receive the said sum of Rs.18,00,000/- (Rs. Eighteen Lakhs) in full and final settlement of all her claims. Today a sum of Rs.1,00,000/- is paid by the Respondent to the appellant. Rs.99,000/- [Ninety -Nine Thousand Only] by way of Google Pay and 1,000/- is paid in cash. The Balance of Rs.17,00,000/- [Rs. Seventeen Lakhs] shall be - 4 - HC-KAR NC: 2025:KHC:25496-DB MFA No. 2232 of 2025 paid by the Respondent to the appellant in the following instalments: Sl. No. Amount Date on or before which the payment shall be made 1. Rs.4,00,000/- 31/10/2025 2. Rs.4,00,000/- 31/1/2026 3. Rs.4,00,000/- 30/4/2026 4. Rs.5,00,000/- 31/7/2026 The Respondent shall comply the above schedules strictly. If any circumstance were to arise in future by the reason of which the Respondent is bonafidely impeded from making the timely payment, the Respondent shall at utmost be entitled for extension of time by another 45 days. In no event, he shall be entitled for further extension of time beyond the aforesaid 45 days." The appellant and the respondent acknowledge acceptance of the terms. This Court is persuaded to opine that the parties on their own volition have agreed to seek dissolution of marriage by mutual consent and the appellant acknowledges receipt of - 5 - HC-KAR NC: 2025:KHC:25496-DB MFA No. 2232 of 2025 Rs.1,00,000/- as part of alimony. The respondent has to pay the remaining alimony as assured. Hence, the appeal is disposed of modifying the impugned Order and Decree dated 04.02.2025 in M.C.No.4229/2016 on the file of the VI Additional Principal Judge, Family Court, Bengaluru and dissolving the marriage between the appellant and the respondent by mutual consent as contemplated under Section 13B of the HM Act, subject to the terms as aforesaid. The office is directed to draw the decree accordingly. Sd/- (B M SHYAM PRASAD) JUDGE Sd/- (G BASAVARAJA) JUDGE RB