Mr Khushalnab Prasad vs Mrs V Pushpa
2024 Latest Caselaw 10761 Kant

Karnataka High Court

Mr Khushalnab Prasad vs Mrs V Pushpa on 19 April, 2024

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                                                          NC: 2024:KHC:15608-DB
                                                           MFA No. 767 of 2015




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                           DATED THIS THE 19TH 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. 767 OF 2015 (FC)


                   BETWEEN:

                   MR. KHUSHALNAB PRASAD
                   S/O LATE HARIRAM PRASAD
                   HINDU
                   AGED ABOUT 65 YEARS
                   R/A NO.1631, 14TH CROSS
                   80 FEET ROAD
                   CHANDRA LAYOUT
                   BANGALORE-560 072                                ...APPELLANT

                   (BY SMT. BHANU RAVINDRA, ADVOCATE)

                   AND:

Digitally signed   MRS. V. PUSHPA
by NAGAVENI
                   W/O MR. KHUSHALNAB PRASAD
Location: High
Court of           HINDU
Karnataka          AGED ABOUT 56 YEARS
                   R/A NO.1631, 14TH CROSS
                   80 FEET ROAD
                   CHANDRA LAYOUT
                   BANGALORE-560 072                             ...RESPONDENT

                   (BY SMT. SUNITHA H. SINGH, ADVOCATE)

                         THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT, AGAINST
                   THE JUDGMENT AND DECREE DATED 01.12.2014 PASSED IN
                   M.C.NO.559/2010 ON THE FILE OF THE V ADDITIONAL PRINCIPAL
                   JUDGE, FAMILY COURT, BANGALORE, DISMISSING THE PETITION
                   FILED U/S 13(I)(ia) OF HINDU MARRIAGE ACT.
                                 -2-
                                           NC: 2024:KHC:15608-DB
                                             MFA No. 767 of 2015




     THIS MFA, COMING ON FOR ADMISSION,                   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 dissolution of their marriage by mutual consent.

4. Learned counsel appearing on either side submits that

the parties have entered into compromise petition and all issues

pending between them have been mutually settled. It is stated

that the amounts which have been agreed to be paid have also

been handed over today in Court by the husband to the wife.

The parties, who are present in Court have also agreed to

dissolve the marriage between them since they state that they

have been living separately for a considerable amount of time

and they are aged about 73 and 65 years respectively. They

state that 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.

NC: 2024:KHC:15608-DB

5. In the above view of the matter, the compromise

petition entered into between the parties is taken on record. The

marriage between the parties which was solemnized on

29.08.1977 at Bengaluru is dissolved by passing a decree of

divorce by mutual consent under Section 13 (B) of the Hindu

Marriage Act, 1955. The other terms entered into between the

parties in the compromise petition are recorded and both the

parties have signed the compromise petition along with their

respective counsel. 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