Smt Divya C G vs Sri Purushothamaraju H G
2024 Latest Caselaw 10023 Kant

Karnataka High Court

Smt Divya C G vs Sri Purushothamaraju H G on 5 April, 2024

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                                                           NC: 2024:KHC:14150-DB
                                                           MFA No. 4274 of 2022




                       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 5TH DAY OF APRIL, 2024

                                               PRESENT
                             THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
                                                  AND
                      THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
                      MISCELLANEOUS FIRST APPEAL NO. 4274 OF 2022 (MC)


                      BETWEEN:

                      SMT. DIVYA C.G
                      (IN CAUSE TITLE WRONGLY
                      MENTIONED AS DIVYA C.J)
                      W/O PURUSHOTHAMARAJU H.G
                      AGED ABOUT 27 YEARS
                      R/AT WARD NO.01
                      SRIRAMA EXTENSION
                      CHANNARAYAPATNA TOWN AND TALUK                   ...APPELLANT

                      (BY SHRI. M.G. RAVISHA, ADVOCATE)

                      AND:

Digitally signed by
MADHUSHREE H          SRI. PURUSHOTHAMARAJU H.G
Location: High        S/O GOVINDA
Court of Karnataka    AGED ABOUT 50 YEARS
                      R/AT WARD NO.01
                      SRIRAMA EXTENSION
                      CHANNARAYAPATNA TOWN AND TALUK                ...RESPONDENT


                      (BY SHRI. VENKATESH R. BHAGAT, ADVOCATE)

                            THIS MFA IS FILED U/S 28(1) OF HINDU MARRIAGE ACT
                      AGAINST THE JUDGMENT AND DECREE DATED 22.04.2022 PASSED IN
                      MC NO.01/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC,
                      CHANNAPATNA, DISMISSING THE PETITION FILED UNDER SECTION
                      13(1)(i-a) AND (i-b) OF THE HINDU MARRIAGE ACT, 1955.
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                                             NC: 2024:KHC:14150-DB
                                             MFA No. 4274 of 2022




     THIS MFA,   COMING   ON   FOR   ORDERS,              THIS   DAY,
ANU SIVARAMAN J., DELIVERED THE FOLLOWING:


                              JUDGMENT

Heard the learned counsel appearing on either side.

2. The parties are also present before us in-person.

3. The parties have filed a compromise petition under

Section 13 (B) of the Hindu Marriage Act, 1955 before this Court

agreeing for a dissolution of their marriage by mutual consent.

4. The compromise petition also has reference to custody

of child, visitation rights as well as payment of maintenance to

the child. Both the parties submit that they have entered into

compromise fully knowing all the consequences of the same. The

marriage has broken down irretrievably and there is no chance of

reconciliation. It is stated that the compromise petition is filed

with full and free consent of both the parties.

5. The compromise petition is therefore taken on record.

6. The marriage between the parties which was solemnized

on 09.12.2010 is dissolved by passing a decree of divorce by

mutual consent. The terms of the compromise petition with

regard to the custody of the child, visitation rights and

NC: 2024:KHC:14150-DB

maintenance to the child as well as other terms entered into

between the parties in the compromise petition are recorded.

The appeal is disposed of in terms of compromise petition.

Decree shall be drawn up in terms of the compromise.

Sd/-

JUDGE

Sd/-

JUDGE

MH/-