- 1 - HC-KAR NC: 2025:KHC:45510-DB MFA No. 2380 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL NO. 2380 OF 2021 (FC) BETWEEN: RUPAM SINHA, D/O K.N.SINGH, AGED ABOUT 45 YEARS, R/O FLAT NO.163, WING I, DSR WOODWINDS, SARJAPURA MAIN ROAD, BANGALORE-560 035. …APPELLANT (BY SRI.GEETHA G MENON, ADVOCATE) AND: SHUSHANK SINHA, S/O LATE K.K.P. SINHA, AGED ABOUT 52 YEARS, R/O WUSTOFFSTRASSE 11, ESEN 45131, GERMANY. …RESPONDENT (BY SRI.GAURAV SINGH GAUR, ADVOCATE) THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 06.03.2021 PASSED IN M.C.NO. 2673/2017 ON THE FILE OF THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE PETITION FILED UNDER Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45510-DB MFA No. 2380 of 2021 SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955 AND ALLOWING THE PETITION FILED UNDER SECTION 13(1)(ib) OF THE HINDU MARRIAGE ACT, 1955. IA NO.2/2025 FILED UNDER SECTION 13(B) OF THE HINDU MARRIAGE ACT, 1995 READ WITH SECTION 151 OF THE CIVIL PROCEDURE CODE, 1908 PRAYING FOR DISSOLUTION OF MARRIAGE IN VIEW OF THE MEMORANDUM OF SETTLEMENT DATED 24.09.2025 ETC. THIS APPEAL ALONG WITH IA NO.2/2025 COMING ON FOR FINAL 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) On record is a report of the Karnataka Mediation Centre1 enclosing thereto a copy of a settlement dated 24.09.2025. Various terms and conditions are mentioned in the aforesaid Memorandum of Settlement, which initially was signed by the parties at the respective places of abode abroad. Today, as directed by the Court, they signed on every page of the aforesaid Memorandum of 1 KMC - 3 - HC-KAR NC: 2025:KHC:45510-DB MFA No. 2380 of 2021 Settlement dated 24.09.2025 and they have been identified by their respective advocates. 2. The respective counsel for the parties of each submitted a memo evincing compliance of the terms of settlement that were required to be performed by each of the parties and it has been stated that the terms and conditions requiring compliance have been complied with. The two memos filed today are accepted and taken on record. 3. An application-IA No.2/2025 under Section 13(B) of the Hindu Marriage Act, 1995 read with Section 151 of the Code of Civil Procedure, 19082 dated 10.11.2025 has been jointly filed by the parties, who have been identified by their respective advocates. 4. The aforesaid application is accompanied by separate affidavits of the parties of even date. It is stated in the application under Section 13-B of the said Act that, 2 CPC - 4 - HC-KAR NC: 2025:KHC:45510-DB MFA No. 2380 of 2021 in view of the Memorandum of Settlement dated 24.09.2025 between the parties before the Mediation Centre, the marriage dated 25.04.2002 solemnized as per Hindu rites and customs between the parties at Patna, Bihar State, be dissolved. 5. In view of the aforesaid settlement of 24.09.2025 and the two memos filed today dated 10.11.2025, this Court accepts the settlement entered into between the parties. In view of the aforesaid settlement, no dispute survives between the parties. The parties are bound by the aforesaid Memorandum of Settlement and if any act by either on both the parties thereunder remains to be done, the same shall be done. 6. As far as the application under Section 13-B of the Hindu Marriage Act, 1955 is concerned, we note that the instant appeal (MFA No.2380/2021) was filed seeking to set aside the judgment and decree dated 06.03.2021 passed in MC No.2673/2017 on the file of the III Additional Principal Judge, Family Court, Bengaluru, - 5 - HC-KAR NC: 2025:KHC:45510-DB MFA No. 2380 of 2021 whereby the petition filed by the husband Sri.Sushank Sinha against his wife-Mrs.Rupam Sinha was dismissed as far as it related to the provisions of Section 13(1)(ia) of the Hindu Marriage Act, but was allowed in respect of Section 13(1)(ib) of the aforesaid Act and the marriage was dissolved. 7. Since the parties have entered into a settlement, that has been recorded as aforementioned and they have acted thereupon, no dispute survives between the parties except the grant of decree of divorce. Since they have given up their claims and disputes against each other, it would be appropriate that the aforesaid application under Section 13-B of the said Act of 1955 be allowed, after setting aside the decree as made by the Family Court. 8. For the reasons aforesaid, the judgment dated 06.03.2021 and the decree of even date, which was signed - 6 - HC-KAR NC: 2025:KHC:45510-DB MFA No. 2380 of 2021 by the learned Judge of the Family Court on 31.03.2021, is hereby set aside. 9. We allow the application-IA No.2/2025 dated 10.11.2025 filed under Section 13-B of the Hindu Marriage Act, in view of the facts and circumstances of the case narrated herein above. 10. The aforesaid Memorandum of Settlement shall form part of the decree to be made in terms of the order passed in this appeal. Accordingly, this appeal stands disposed of. Sd/- (JAYANT BANERJI) JUDGE Sd/- (K. V. ARAVIND) JUDGE KGR List No.: 1 Sl No.: 26