- 1 - HC-KAR NC: 2025:KHC:27919-DB MFA No. 3490 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE B M SHYAM PRASAD MISCELLANEOUS FIRST APPEAL NO. 3490 OF 2023 (FC) BETWEEN: SRI. RAGHAVENDRA. N S/O A NARAYANA MURTHY AGED ABOUT 51 YEARS, CHIEF SAFETY OFFICER SAFETY DEPARTMENT, C S O CENTRAL WORKSHOP SOUTH WESTERN RAILWAY MYSURU-570001. …APPELLANT (BY SRI. RUDRAPPA P.,ADVOCATE) AND: SMT. ANURADHA. C. V. W/O RAGHAVENDRA N D/O VENKATESH C R AGED ABOUT 44 YEARS, R/AT NO.2074, 6TH CROSS, SHRIRAMPURA 2ND STAGE, MYSURU-570023. …RESPONDENT (BY SRI. HAREESH KUMAR NT.,ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27919-DB MFA No. 3490 of 2023 THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 31.10.2022 PASSED IN M.C.NO. 461/2021 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, MYSURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1) (ia) OF THE HINDU MARRIAGE ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD) This appeal is by the petitioner [the respondent’s husband] who is unsuccessful in his petition in MC No.461/2021 on the file of the I Additional Principal Judge, Family Court, Mysuru under Section 13[1][ia] of the Hindu Marriage Act, 1955 [for short, the 'HM Act']. Presently, the parties have applied under Section13B of the HM Act seeking dissolution of marriage by mutual consent. - 3 - HC-KAR NC: 2025:KHC:27919-DB MFA No. 3490 of 2023 2. In the application under Section 13B of the HM Act, the appellant is mentioned as the first petitioner and the respondent is mentioned as the second petitioner, and the second petitioner has undertaken to withdraw the proceedings in C.Misc.102/2021 on the file of the V Additional Civil Judge and JMFC, Mysuru. The term in this regard at Para-6 of the application reads as under: "The Petitioners submit that the petitioner No.2 has filed the petition in C.Misc.102/2021 before the V Additional Civil Judge and JMFC at Mysuru for maintenance. The petitioner No.2 undertakes to withdraw the petition in C. Misc. 102/2021." 3. The appellant has agreed to transfer the residential property bearing No.2074, II Stage, Srirampura, Mysuru [the Subject Property], in favour of the respondent, and in fact, the terms in this regard read as under: - 4 - HC-KAR NC: 2025:KHC:27919-DB MFA No. 3490 of 2023 "7. The Petitioners submit that, the petitioner No.1 is having self-acquired immovable property i.e., house bearing No.2074, 2nd Stage, Srirampura, Mysuru, constructed by the petitioner No.1 in a site measuring 20 x 30 Fts. consisting of Ground Floor having one Hall, Kitchen/Dining hall, Pooja Room, Bath Room, Toilet and First Floor having 2 bed rooms and a balcony. The 1st petitioner undertake to execute the gift deed of the said property jointly in the name of the 2nd petitioner and their son Tushar R, Vasishta, within one month from the date of receipt of copy of order of this Hon'ble Court." 4. The appellant and the respondent, who are identified by their respective counsels, acknowledge that they have agreed to the terms as aforesaid, and in fact when queried, the parties state in unison that if the appellant defaults in completing the transfer as stipulated afore, the respondent will be at liberty to seek execution and registration of the gift deed at the appellant's cost in execution of this Court's decree. In light of the afore, the following: - 5 - HC-KAR NC: 2025:KHC:27919-DB MFA No. 3490 of 2023 ORDER [A] The appeal is disposed of dissolving the marriage between the appellant and the respondent solemnized on 15.05.2000 at Manjunatha Kalyana Mantapa, Vidyanagara, Tumakuru directing the appellant to transfer the subject property in favour of the respondent and her son, Master Tushar R Vasishta, at his cost. [B] The office is directed to draw the decree accordingly. Sd/- (D K SINGH) JUDGE Sd/- (B M SHYAM PRASAD) JUDGE NV