- 1 - HC-KAR NC: 2026:KHC:22777-DB MFA No.3302 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3302 OF 2023 (FC) BETWEEN: H.M.SMITHA, D/O H.MAHESHWARAPPA, W/O K.M.MAHESH, AGED ABOUT 33 YEARS, R/AT H.NO.200/201, “REVATHI NILAYA” L.B.S.NAGARA, SHIVAMOGGA-577 201. …APPELLANT (BY SRI PRASAD.B.S, ADVOCATE) AND: K.M.MAHESH, S/O K.P.MAHADEVA, AGED ABOUT 35 YEARS, FINANCIAL SALES MANAGER, “YES” BANK, R/AT “NAVEENA NILAYA”, KACHANAYAKANAHALLI, BOMMASANDRA EXTENSION, ELECTRONIC CITY, BENGALURU-560 105. …RESPONDENT (BY SRI ROOPESHA B, ADVOCATE) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 06.04.2023 PASSED IN M.C.NO.59/2019 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA, ALLOWING THE PETITION FILED UNDER SECTION 13 (1)(ib) OF THE HINDU MARRIAGE ACT. THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by KAVYA G Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22777-DB MFA No.3302 of 2023 CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) This appeal is filed by the wife challenging the judgment and decree dated 06.04.2023 passed by the Principal Judge, Family Court, Shivamogga in M.C.No.59/2019 whereby the petition for divorce filed by her under Section 13(1)(ib) of the Hindu Marriage Act, 19551 was dismissed. Two interlocutory applications filed under Sections 25 and 27 of the HM Act were also dismissed. 2. A memo for withdrawal is on record in which the advocate for the appellant states that the appeal does not survive in view of the fact that the parties have settled their dispute. The appeal is accordingly dismissed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (RAJESH RAI K) JUDGE KSR List No.: 1 Sl No.: 18 1 HM Act