[Cites 4, Cited by 0]
Karnataka High Court
Smt Pallavi vs Shri Nitin on 18 December, 2025
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
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NC: 2025:KHC-K:7886-DB
MFA No. 202452 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF DECEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
AND
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
MISCL. FIRST APPEAL NO.202452 OF 2025 (FC)
BETWEEN:
SMT PALLAVI
W/O NITIN PATIL,
BEFORE MARIIAGE CALLING BY NAME
PALLAVI
D/O SHANKAR HUNAGUND,
AGE: 26 YEARS,
OCC: PRIVATE JOB,
R/O: H.NO. LIG 200, ADARSH NAGAR,
ASHRAM ROAD, VIJAYAPURA - 586 101.
...APPELLANT
Digitally signed by (BY SRI SUDARSHAN M., ADVOCATE)
BASALINGAPPA
SHIVARAJ
DHUTTARGAON
Location: HIGH COURT AND:
OF KARNATAKA
SHRI NITIN
S/O JAGADISH PATIL,
AGE: 26 YEARS,
OCC: STUDENT, (WORKING EMPLOYEE),
R/O: CARE OF JAGADISH PATIL,
JAVAHAR NAVODAYA VIDHYALAYA,
ALAMATTI, TQ: BASAVANA BAGEWADI,
DIST: VIJAYAPURA - 586 201.
...RESPONDENT
(BY SRI SANTOSH KUMAR B. BIRADAR., ADVOCATE)
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NC: 2025:KHC-K:7886-DB
MFA No. 202452 of 2025
HC-KAR
THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
COURTS ACT, PRAYING TO SET ASIDE THE IMPUGNED
JUDGMENT AND DECREE DATED 29.04.2025 PASSED IN
MATRIMONIAL CASE NO.6/2023 BY THE I ADDL. PRL. JUDGE,
FAMILY COURT, VIJAYAPURA AT VIJAYAPURA AND ETC.
THIS MFA COMING ON FOR ADMISSION, 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 by the appellant-wife filed under
Section 19(1) of the Family Courts Act, challenging the
judgment and decree dated 29.04.2025 passed by the I
Addl. Principal Judge, Family Court, Vijayapura (for short,
'the Family Court') in M.C.No.6/2023 whereby the petition
filed by the husband came to be allowed and the marriage
solemnized between the parties on 21.11.2021 is
dissolved by decree of divorce and respondent - wife has
been is awarded permanent alimony of Rs.5,00,000/-.
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2. The respondent - husband has filed matrimonial
case in M.C.No.6/2023 before the Family Court under
Section 13(1)(i)(ia) of the Hindu Marriage Act, 1955
seeking divorce against his wife on the ground of adultery
and cruelty. The Family Court allowed the petition. Being
aggrieved by the same, the wife has filed the present
appeal.
3. After service of notice, respondent - husband is
represented through counsel.
4. The parties have filed an application under
Section 13B(1) of the Hindu Marriage Act, 1955, seeking
dissolution of marriage by mutual consent. The said
application is taken on record.
5. The terms and conditions arrived at for divorce
by mutual consent, as stated in the application, is
extracted as under:
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HC-KAR
"APPLICATION UNDER SECTION 13B(1) OF
THE HINDU MARRIAGE ACT 1955
1. That the appellant and respondent herein
submits this application as follows:
2. That the parties herein were married to
each other at Kapileshwar Temple,
Vijayapur on 21-11-2021 and registered
before the Registrar of Marriage Vijayapur
on 18-12-2021 according to the Hindu rites
and customs/ceremonies.
3. Soon after marriage due to the
temperamental differences both parties and
absolute incompatibility between the two,
separated and were living away. Both the
appellant and respondent not have
children's/issues born out of their wedlock.
4. That the respondent herein filed a
petition for the dissolution of marriage
before the I Addl. Prl. Judge, Family Court
at Vijayapur in M.C.No.6/2023.
Subsequently, the Family Court was please
to pass an order of Divorce, dissolving
the marriage of the appellant and
respondent, awarding permanent alimony of
Rs.5,00,000/- to the appellant.
5. Aggrieved by the order passed in M.C.No.
6/2023 by Family Court Vijayapur, appellant
herein filed this Miscellaneous First Appeal
challenging the decree divorce in
MFA.No.202452/2025.
6. Further, appellant herein has also filed
complaint against the respondent for the
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offence punishable under section 498A, 323,
504, 506 R/w Sec 4 of the Dowry Prohibition
Act in C.C.No.4852/2023, pending on the
file of IV Addl. Civil Judge and JMFC,
Vijayapur.
7. That the parties could not live together
and have been living separately immediately
after their marriage and there has been
absolutely no cohabitation between the
parties ever since.
8. That owing to the failure of all efforts of
both the parties at reconciliation, the
marriage between the parties has come to
an Irretrievable breakdown.
9. That the parties have compromised all
their disputes and have decided to seek
divorce by mutual consent on the following
terms:
a. The respondent husband has agreed to
pay a total sum of Rs.8,50,000/- (Eight
lakhs fifty Thousand Only) as a permanent
alimony, (including alimony of
Rs.5,00,000/-granted by the Family Court,
Vijayapur in M.C.No.6/2023) in all to the
appellant wife herein towards maintenance
past and future and thereafter either parties
have no right to lay any claim whatsoever
on the either side and also appellant shall
not claimed any maintenance or any claimed
on property of the respondent. That, the
respondent herein, today paid the above
said Rs.5,00,000/- through Demand Draft
No.2610625 and Rs.3,50,000/- through
Demand Draft No. 2610626 dated 15-12-
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2025 drawn on State Bank of India in total
Rs.8,50,000/- to appellant and same has
been acknowledged by the appellant.
b. Appellant wife has agreed to and shall
withdraw the complaint and criminal case
filed against respondent husband for the
offence punishable under section 498A, 323,
504, 506 R/w Sec 4 of the Dowry Prohibition
Act in C.C.No.4852/2023 on the file of IV
Additional Civil Judge and JMFC, Vijayapur.
c. Both the parties at liberty to lead their
future independently according to their will
and wish.
10. That the parties due hereby declare and
confirm that this application preferred by
them is not collusive.
11. That there is no coercion, force, fraud,
undue influence, misrepresentation etc., in
filling the present application, and our
consent is free.
12. That there is no collusion or connivance
between the parties in filling this
application.
PRAYER
13. Wherefore, The appellant and
respondent herein prays that;
a) This Hon'ble Court be pleased to dissolve
the marriage between the appellant and the
respondent solemnized on 21-11-2021 and
registered before the Registrar of Marriage
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Vijayapur on 18-12-2021, by the decree of
divorce by mutual consent.
b) Such other further relief's as this Hon'ble
Court may deem fit and proper in the nature
and circumstances of the case, in the
interest of justice and equity."
6. In view of the above, the appeal is disposed of
in terms of the application filed under Section 13B(1) of
the Hindu Marriage Act, 1955.
Office to draw decree accordingly in terms of the
aforesaid application.
Sd/-
(H.T.NARENDRA PRASAD)
JUDGE
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
BL
List No.: 2 Sl No.: 1
