- 1 - HC-KAR NC: 2025:KHC:40979-DB MFA No. 3228 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH 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. 3228 OF 2020 (FC) BETWEEN: SRI.DILBAG SINGH, AGED ABOUT 53 YEARS, S/O LATE SRI SEWA SINGH MANDER, NO.1130/1131, 70B, MARUTI NAGAR, SAHAKARANAGAR POST, BANGALORE-560 092. …APPELLANT (BY SRI. K.S.PONNAPPA., ADVOCATE) AND: SMT.SUMANA.C.V, AGED ABOUT 53 YEARS, D/O SRI C.VENKATESHALU, AND SMT. PRAMILA.M, NO.5A, 3RD MAIN, 3RD BLOCK, KALYAN NAGAR, HRBR ROAD, BANGALORE-560 092. …RESPONDENT (BY SRI.A.SIVADASAN ., ADVOCATE) THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 04.12.2019 PASSED IN M.C.NO.3742/2016 ON THE FILE OF THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT. Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40979-DB MFA No. 3228 of 2020 THIS APPEAL, COMING ON FOR ADMISSION, 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) Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent. 2. Today, a compromise petition that is signed both by the appellant and the respondent and whose signatures are identified by the learned counsel for the appellant and the respondent respectively has been filed under Order XXIII Rule 3 of the Code of Civil Procedure. 3. Along with the aforesaid compromise petition, separate affidavits of the appellant and the respondent have been filed. 4. We have perused the contents of the compromise petition and the affidavits. 5. By means of the aforesaid appeal, the judgment and decree dated 04.12.2019 passed by the III Additional - 3 - HC-KAR NC: 2025:KHC:40979-DB MFA No. 3228 of 2020 Principal Judge, Family Court at Bengaluru, has been challenged, whereby the petition filed by the appellant under Section 13(1)(ia) of the Hindu Marriage Act, 19551 was dismissed. 6. The parties are present in the Court and have been identified by their advocates. Photocopies of each of their Aadhaar cards have been submitted by them along with their originals for verification, which we have verified. Their signatures have also been identified by the learned counsel for the respective parties, who are present in the Court. 7. In the compromise petition, it has also been prayed jointly for setting aside the judgment and decree dated 04.12.2019 by the III Additional Principal Judge, Family Court at Bengaluru, in Matrimonial Case No.3742/2016. 8. The parties as well as their counsel stated that the prayer made in the compromise petition be taken as an application under Section 13B of the Act. However, no such prayer has been made in the aforesaid compromise petition 1 Act - 4 - HC-KAR NC: 2025:KHC:40979-DB MFA No. 3228 of 2020 that would permit us to consider passing any such order for dissolution of marriage on the ground of mutual consent. 9. Thereafter, joint application under Section 13B of the Act has been filed by the appellant and the respondent, which is also signed by the respective learned counsel for the appellant and the respondent. 10. The aforesaid application is supported by the affidavits of the appellant and the respondent. The application has been perused by us. 11. In view of the terms of the compromise petition, since the parties have settled their differences amicably and have resolved to put an end to their marriage as sought for in the aforesaid application under Section 13B of the Act, and that they are not pressing the relief for grant of divorce as per the original petition filed by them under Section 13(1)(ia) of the Act, we deem it fit to accept the compromise petition and allow the application under Section 13-B of the Act. - 5 - HC-KAR NC: 2025:KHC:40979-DB MFA No. 3228 of 2020 12. Accordingly, the following directions are issued: (i) The appeal is disposed of. (ii) The application under Section 13B of the Act is allowed. (iii) The marriage between the appellant and the respondent is dissolved and the decree of divorce is directed to be made accordingly. (iv) The terms of the compromise, as reflected in the compromise petition from Clauses (1) to (10) shall form part of the decree. Sd/- (JAYANT BANERJI) JUDGE Sd/- (K. V. ARAVIND) JUDGE KG, MV List No.: 1 Sl No.: 26