- 1 - NC: 2025:KHC-K:1771-DB MFA No. 201939 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 20TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K NATARAJAN AND THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL MISCL. FIRST APPEAL NO. 201939 OF 2023 (FC) BETWEEN: DR. SIDDESH S/O CHANDRAKANTH PATIL AGE: 31 YEARS, OCC: VETERINARY OFFICER, WORKING AT VETERINARY DISPENSARY AT VILLAGE GADGI, TQ: & DIST: BIDAR R/O: H NO.8-10-78, AKKA MAHADEVI COLONY, KEB ROAD, BIDAR – 585401. …APPELLANT (BY SMT. HEMA L KULAKARNI, ADVOCATE) AND: Dr. ROOPALI W/O Dr. SIDDESH PATIL (D/o: NAGESH BIRADAR) AGE: 31 YEARS, OCC: ASST. PROFESSOR WORKING AT DEPARTMENT OF VETERINARY MEDICINE KARNATAKA VETERINARY ANIMAL AND FISHERIES, SCIENCE, UNIVERSITY AT NANDI NAGAR, BIDAR R/O VILLAGE MARKHAL, NOW RESIDING AT VAISHNAVAI COLONY, SHIVANAGAR NORTH, BIDAR – 585401. …RESPONDENT (BY SRI MAHANTESH PATIL, ADVOCATE) Digitally signed by RAMESH MATHAPATI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1771-DB MFA No. 201939 of 2023 THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 07.03.2023, PASSED BY THE PRL. JUDGE, FAMILY COURT AT BIDAR, IN MC NO.114/2022 BY ALLOWING THE APPEAL AND DECREE THE PETITION & DISMISS THE COUNTER CLAIM. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K NATARAJAN AND HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K NATARAJAN) This appeal is filed by the appellant-husband under Section 19(1) of the Family Court Act, seeking to set aside the judgment and decree dated 07.03.2023 passed in M.C.No.114/2022 by the Principal Family Court at Bidar 2. The appellant is the petitioner and respondent is the respondent before the trial Court. For the sake of convenience, the rank of the parties are referred to as per their ranking before the trial Court 3. The petitioner and respondent are present before the Court along with their respective counsel. - 3 - NC: 2025:KHC-K:1771-DB MFA No. 201939 of 2023 4. During the pendency of the appeal, both the parties along with the counsel filed a joint compromise petition under Order 23 Rule 3 of CPC r/w 13-B of the Hindu Marriage Act, 1955. 5. Learned counsel for the parties submits that the petition filed by the petitioner-husband for divorce has been dismissed and restitution of conjugal rights is granted in favour of respondent. However, the parties have decided to dissolve their marriage with mutual consent and both the parties are withdrawing the allegations made against each other before the Family Court. The respondent-wife states that she will not claim any permanent alimony or maintenance from the petitioner and the petitioner also states that he will not file any suit, petition or claim against the respondent. 6. The submission of the learned counsel for the parties is placed on record. - 4 - NC: 2025:KHC-K:1771-DB MFA No. 201939 of 2023 7. In view of the submission made by the parties, the joint compromise petition filed by the parties is converted into 13-B of the Hindu Marriage Act, 1955. It is also submitted that the petitioner and respondent are residing separately from the year 2021. The terms of the compromise petition reads as follows; a) It is agreed and settled that the parties are withdrawing all the allegations made against each other, in the petition and statement of objection. b) It is agreed and settled the parties are living separately since 2021 and further they are not in a position to continue their marital relationship and it has become difficult for the parties to prolong the marital relationship. Thus they have mutually decided to live separately by obtaining a decree for divorce. c) It is agreed and settled that the parties have agreed that their Marriage be dissolved. d) In view of the settlement arrived between parties to the appeal, both the parties to the appeal shall have no objection for contracting the marriage of their choice after the decree of divorce. e) The appellant and the respondent will have no rights against each other either in immovable or movable properties. - 5 - NC: 2025:KHC-K:1771-DB MFA No. 201939 of 2023 f) It is agreed between the parties that the appellant and respondent shall have no right of maintenance against each other. g) It is agreed between the parties they shall not file any suit, petition, claim or any case against each other. h) It is agreed between the parties that either party will not interfere in whatsoever in the future life of each other in private, professional and social life.” 8. The Compromise application filed by the parties is allowed. Consequently, the appeal is disposed off. Hence, the marriage between the parties solemnized on 03.03.2021 at M.S.Patil Function Hall, Bidara, is dissolved. Draw decree accordingly. Sd/- (K NATARAJAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE MSR List No.: 1 Sl No.: 33 CT: PS