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2025 DAILYLAW 83689 (KAR)

MR. PRAKASH R v. MRS.S. TEJASHWINI

MFA/7904/2023 · 2025-10-24

Jayant Banerji, K V Aravind

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41999-DB MFA No. 7904 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL No. 7904 OF 2023 (FC) BETWEEN: 1. MR. PRAKASH R., S/O MR. RAMANNA, AGED ABOUT 37 YEARS, C/O MR. SANJEEVAIAH, R/AT No.9/3, 286TH MAIN ROAD, SALLAPURADAMMA LAYOUT, VISHWANEEDAM POST, BENGALURU - 560091. …APPELLANT (BY SRI PRAKASH K. A., ADVOCATE) AND: 1. MRS. S. TEJASHWINI, D/O MR. SURESH, W/O MR. PRAKASH R., AGED ABOUT 28 YEARS, R/AT No.1/96, 13TH CROSS, 2ND MAIN, VITTAL NAGAR, CHAMARAJPET, BENGALURU - 560026. …RESPONDENT (BY SMT. VARALAKSHMI P., ADVOCATE) THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT AGAINST THE JUDGMENT AND AWARD DATED 13.04.2023 PASSED IN MC No.1898/2018 ON THE FILE OF THE III ADDITIONAL PRL. JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41999-DB MFA No. 7904 of 2023 THIS APPEAL, COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) The appellant and the respondent are present in person along with their respective advocates. 2. An I.A. has been filed today in Court that is purporting to be an application filed by the appellant and the respondent jointly for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 19551. 3. The I.A. is taken on record and the office is directed to allot a regular number to this I.A. The I.A. is supported by a joint affidavit of the appellant and the respondent. In the I.A., a decree of divorce by mutual consent has been sought by the parties for dissolving their marriage, which was solemnised on 01.03.2017 at KEB Employees' Samudhaya Bhavan, 2nd Stage, Rajajinagar, Bengaluru. 1 the Act - 3 - HC-KAR NC: 2025:KHC:41999-DB MFA No. 7904 of 2023 4. The affidavit reflects that, after the appeal was filed by the appellant against the impugned judgment and decree dated 13.04.2023, this Court had referred the parties for mediation before the Karnataka Mediation Centre2 at Bengaluru, where they have amicably settled all their disputes among themselves and also decided to close all pending cases between them and accordingly, executed a memorandum of settlement dated 03.03.2025 under the relevant provisions of Code of Civil Procedure, 1908 and the Karnataka Civil Procedure (Mediation) Rules, 2005. The decree of divorce is sought in terms of the memorandum of settlement dated 03.03.2025. 5. We have perused the memorandum of settlement, that is on record. 6. In compliance of the terms of settlement, the appellant has submitted a Banker's cheque dated 21.10.2025, drawn on State Bank of India for a sum of Rs.2,00,000/- payable to S. Tejashwini-respondent. The Banker's cheque is handed over to the respondent. Additionally, a sum of 2 KMC - 4 - HC-KAR NC: 2025:KHC:41999-DB MFA No. 7904 of 2023 Rs.50,000/- has been paid in cash today in Court by the appellant to the respondent. The respondent acknowledges receipt of the entire amount of Rs.2,50,000/- in terms of settlement. 7. In view of the above, the aforesaid I.A. filed under Section 13-B of the Act, is allowed in terms of the settlement and it is ordered that the marriage between the parties solemnised on 01.03.2017 at KEB Employees' Samudhaya Bhavan, 2nd Stage, Rajajinagar, Bengaluru, is hereby dissolved. 8. The parties shall comply with the terms of settlement dated 03.03.2025. The settlement shall be made a part of the decree to be issued. The appeal is disposed of accordingly. Sd/- (JAYANT BANERJI) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU/List No.: 1 Sl No.: 1