- 1 - HC-KAR NC: 2025:KHC:28181-DB MFA No. 1736 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH 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. 1736 OF 2022 (SMA) BETWEEN: SRIKANTH M N S/O NANJUNDAPPA M.C. AGED ABOUT 33 YEARS R/AT NO. KULLAPPA STRET JAI BHARATH NAGAR VIVEKANANDA NAGAR MARUTHISEVA NAGAR BENGALURU 560043. …APPELLANT (BY SRI. GANAPATHI SUBBARAYA BHAT.,ADVOCATE) AND: DIVYA R D/O RAVI AGED ABOUT 31 YEARS R/AT NO. 320, 6TH CROSS 12TH MAIN ROAD, GOKUL 1ST STAGE 1ST PHASE, MATHIKERE BENGALURU 560054. …RESPONDENT (BY SRI. SANJAY G., ADVOCATE) Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28181-DB MFA No. 1736 of 2022 THIS MFA IS FILED UNDER SECTION 39 OF THE SPECIAL MARRIAGE ACT, AGAINST THE JUDGMENT AND DECREE DATED 05.01.2022 PASSED IN MC.NO.576/2016 ON THE FILE OF THE III ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU, DISMISING THE PETITION FILED UNDER SECTION 24 AND 25 OF THE SPECIAL MARRIAGE ACT, R/W SECTION 11 AND 12 OF 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) The appellant has filed his petition in MC No.576/2016 on the file of the III Additional Principal Judge, Family Court, Bengaluru [for short, ‘the Family Court’] under Sections 11 and 12 of the Hindu Marriage Act, 1955 along with Sections 24 and 25 of the Special Marriage Act, 1954 for a declaration that - 3 - HC-KAR NC: 2025:KHC:28181-DB MFA No. 1736 of 2022 his marriage to the respondent conducted on 14.12.2015 is void. The appellant and respondent have gone to trial for and against the petition. The Family Court has dismissed the appellant's petition in M C No. 576/2016 by the impugned order dated 05.01.2022. In the present proceedings, they have filed a joint memo which reads as under: "The appellant has filed the above Appeal challenging the order dated 05.01.2022 passed in MC No. 576/2016 by the III Addl. Principal Judge, Family Court at Bengaluru. The Appellant and the Respondent hereby submit that the parties never lived with each other. The parties submit that they shall not precipitate any of accusations against each other in the future. Hence both the Parties respectfully pray that this Hon'ble Court be pleased to pass orders, declaring that the Registration of the Marriage under Special Marriage Act, registered as Document No. YPR-S27-2015/16 stored in C.D. No. RMM 18 dated 14.12.2015 is void and annual same. - 4 - HC-KAR NC: 2025:KHC:28181-DB MFA No. 1736 of 2022 The Parties have affixed their signatures unto this Joint Memo out of their own free will and violation without any force or coercion from any one." In continuation, Sri Ganapathi Subbaraya Bhat and Sri Sanjay G, the learned counsels for the parties, submit that the afore terms are besides the terms that there will be no claims against each other and that proceedings, if any, shall be withdrawn. This Court is of the considered opinion that with the parties coming to a consensus ad idem on the circumstances on which they seek annulment of the marriage solemnized on 14.12.2015, the Joint Memo must be accepted instead of holding the parties to a marriage that is irretrievably broken down. The petition before the Family Court must be allowed, and hence the following: - 5 - HC-KAR NC: 2025:KHC:28181-DB MFA No. 1736 of 2022 ORDER [a] The appeal is allowed in part setting aside the Family Court's Order dated 05.01.2022 in M.C. No.576/2016 allowing the petition under section 12 of the Hindu Marriage Act, 1955 and Section 25 of the Special Marriage Act, 1954 annulling the marriage solemnized between them on 14.12.2015, without claim on each other and subject to closure of all proceedings. [b] There shall be a decree in the afore terms. [c] No costs. SD/- (D K SINGH) JUDGE SD/- (B M SHYAM PRASAD) JUDGE AN/-