Karnataka High Court
Malashre vs Digambar on 20 November, 2025
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2025:KHC-K:7046-DB
MFA No. 202853 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
MISCL. FIRST APPEAL NO. 202853 OF 2024 (MC)
BETWEEN:
MALASHRE
W/O DIGAMBAR,
AGED ABOUT 29 YEARS,
OCCUPATION HOUSEHOLD,
RESIDENCE OF VILLAGE CHAMBOL,
TALUKA AND DISTRICT BIDAR - 585 401.
...APPELLANT
(BY SRI SANDEEP VIJAYKUMAR, ADVOCATE)
AND:
Digitally signed by
BASALINGAPPA
SHIVARAJ
DHUTTARGAON DIGAMBAR
Location: HIGH
COURT OF S/O SHANKER,
KARNATAKA
AGED ABOUT 37 YEARS,
OCCUPATION LABOUR,
RESIDENCE OF VILLAGE KAPLAPUR-A,
TALUKA AND DISTRICT BIDAR - 585 401.
...RESPONDENT
(BY SRI SHARANAGOWDA V.PATIL, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 28 OF THE HINDU
MARRIAGE ACT, 1955, PRAYING TO ALLOW THIS APPEAL AND
SET ASIDE THE JUDGMENT AND AWARD DATED 25-11-2022 IN
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NC: 2025:KHC-K:7046-DB
MFA No. 202853 of 2024
HC-KAR
MC NO.16/2022 ON THE FILE OF PRL. SENIOR CIVIL JUDGE
AND CJM BIDAR, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS MFA, COMING ON FOR FURTHER ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD) This appeal is filed by the appellant/wife under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'), challenging the judgment and decree dated 25.11.2022 passed by the Principal Senior Civil Judge and CJM, Bidar in MC.No.16/2022, whereby the petition filed by the respondent/husband under Section 13(1)(i-a) of the Act was allowed.
2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.
3. The marriage between the petitioner and the respondent was solemnized on 20.06.2013 at Chambol -3- NC: 2025:KHC-K:7046-DB MFA No. 202853 of 2024 HC-KAR village. After the marriage, the couple lived in the petitioner's house for only two months. Due to differences of opinion, the petitioner filed a petition under Section 13(1)(i-a) of the Act seeking a decree of divorce in MC.No.16/2022. The Trial Court, after considering the material available on record, allowed the petition and dissolved the marriage by a decree of divorce.
4. On service of notice in the present appeal, the petitioner appeared through counsel.
5. The parties have amicably settled their dispute and filed an application under Section 13(B) of the Act and have agreed to live together. The said compromise petition is placed on record. The same is extracted below:
"1. The Appellant and Respondent are stating that they have compromised the matter amicably. Both the parties have stated that after having understood the contents of the compromise petition which is explained to them in Kannada language they have affixed their signatures voluntarily without any force or threat, coercion. They have also stated that out of their own free will and volition they have admitted the -4- NC: 2025:KHC-K:7046-DB MFA No. 202853 of 2024 HC-KAR execution of compromise petition and affixed the their signatures.
2. The Appellant/Husband was filed the divorce Petition U/s 13(i-a) of Hindu Marriage Act 1955. The Appellant/Husband was filed the MC No. 16/2022 Before on the file of the Court of the Principal Senior Civil Judge & CJM Bidar. The Court was issue notice to the Respondent/wife. The Respondent was appeared through her counsel and contesting the matter. After hearing the both sides the court below was allowed the divorce Petition filed by the Respondent / Husband U/s 13(1) (i-a) of the Hindu Marriage Act 1955.
3. The compromise is entered between the parties after knowing the full consequences and with consciousness and consent the compromise is entered between the parties.
4. In the Compromise petition respective counsels and their parties have signed the compromise petition.
5. In terms of the compromise petition the Judgment and decree dated: 25-11-2022 passed in Matrimonial Case No.16/2022 on the file of the Court of the Principal Senior Judge & CJM Bidar, may be set aside and allow the compromise petition filed by the parties. In the interest of justice and equity."
6. In view of the settlement arrived at between the parties and the compromise petition filed under Section 13(B) of the Act, the following order is passed: -5-
NC: 2025:KHC-K:7046-DB MFA No. 202853 of 2024 HC-KAR ORDER
a) The appeal is allowed.
b) The judgment and decree dated 25.11.2022 passed by the Principal Senior Civil Judge and CJM, Bidar in MC.No.16/2022 is set aside.
c) The fresh decree shall be drawn in terms of the compromise petition filed by the parties.
Sd/-
(H.T.NARENDRA PRASAD) JUDGE Sd/-
(TYAGARAJA N. INAVALLY) JUDGE SHS List No.: 1 Sl No.: 21