Anuradha vs D Srinivas
2025 Latest Caselaw 457 Kant

Citation : 2025 Latest Caselaw 457 Kant
Judgement Date : 6 June, 2025

Karnataka High Court

Anuradha vs D Srinivas on 6 June, 2025

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

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                                                        MFA No. 201490 of 2025


                      HC-KAR



                                 IN THE HIGH COURT OF KARNATAKA,

                                        KALABURAGI BENCH

                               DATED THIS THE 6TH DAY OF JUNE, 2025

                                              PRESENT
                          THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
                                                AND
                               THE HON'BLE Mrs JUSTICE K S HEMALEKHA
                          MISCL. FIRST APPEAL NO.201490 OF 2025 (FC)
                      BETWEEN:

                      SMT. ANURADHA
                      W/O D. SRINIVAS,
                      AGE: 38 YEARS, OCC: GOVT. SERVANT,
                      R/O C/O VENKAPPA RETD. TEACHER,
                      H NO.1-891/30/4A, NGO'S COLONY,
                      JEWARGI ROAD, KALABURAGI.

                                                                   ...APPELLANT
                      (BY SMT. HEMA L. KULKARNI, ADVOCATE)

                      AND:
Digitally signed by
BASALINGAPPA
SHIVARAJ
DHUTTARGAON           D. SRINIVAS
Location: HIGH
COURT OF
                      S/O LATE HANMANTHRAO KULKARNI,
KARNATAKA             AGE: 49 YEARS, OCC: TEACHER,
                      R/O NEAR KANDGAL MAJEED,
                      GANGAVATI, TQ: GANGAVATI,
                      DIST: RAICHUR-584101.
                                                                 ...RESPONDENT

                      (BY SRI. MALHARARAO, ADVOCATE)

                             THIS MFA IS FILED U/SEC. 19(1) OF FAMILY COURTS
                      ACT, 1984, PRAYING TO CALL FOR RECORDS IN M.C.NO.
                      16/2021 ON THE FILE OF LEARNED PRINCIPAL JUDGE, FAMILY
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                                    MFA No. 201490 of 2025


HC-KAR



COURT, KALABURAGI, AND FURTHER BE PLEASED TO ALLOW
THE APPEAL BY SETTING ASIDE THE JUDGMENT DATED
16.02.2021 PASSED BY THE LEARNED PRINCIPAL JUDGE
FAMILY COURT KALABURAGI IN M.C.NO.16/2021, IN THE
INTEREST OF JUSTICE AND EQUITY.

     THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:      HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
            AND
            HON'BLE Mrs JUSTICE K S HEMALEKHA


                       ORAL JUDGMENT

(PER: HON'BLE Mrs JUSTICE K S HEMALEKHA)

The appellant - wife and respondent - husband are

present before the Court along with their respective

counsel. A joint compromise petition is filed under Order

23 Rule 3 read with Section 151 of CPC by both the

parties, duly signed by them and their respective counsels.

2. The terms of the compromise petition is culled

out as under:

"2. It is submitted that, due to misunderstanding between the petitioner and respondent, the parties to the appeal agreed for

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divorce by mutual consent. Therefore the appellant and respondent had filed petition U/Sec. 13-B of Hindu Marriage Act, 1955. After hearing both the parties, the learned Principal Judge Family Court Kalaburagi in MC.No.16/2021, allowed the petition filed by the appellant and respondent by the order dated 16.02.2021. and the marriage between the parties to the appeal came to be dissolved.

3. It is submitted that, Recently due to the intervention of family members and well wishers, both the appellant and respondent have resolved dispute among themselves, now misunderstanding between the parties has been resolved and have realized their mistakes and have decided to live together, therefore a hope has sprung among themselves for the happy re- union, but the judgment is coming in the way for leading happy married life in the society. Therefore the appellant is before this Hon'ble Court to setting aside the impugned judgment under challenge in order to lead the marital life together.

4. It is agreed between the parties that, the respondent shall make an arrangement for their residence at Bellari and would continue to live together as husband and wife at Bellari residence.

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5. That the parties have voluntarily and of their own free will entered into this compromise without any coercion, undue influence, or pressure from any quarter."

s

3. Appellant and respondent are duly identified by

their respective counsels.

4. It is submitted that the decree of divorce

granted by mutual consent vide order dated 16.02.2021

by the Family Court, Kalaburagi in MC.No.16/2021 was

obtained at a time when the relationship between the

parties had strained, but subsequent to that, due to

mutual understanding and willingness, the parties have

resolved all their dispute amicably.

5. Being satisfied that, in matrimonial matters,

compromise and reconciliation are to be encouraged, we

accept the compromise and take it on record. The

compromise petition shall form part and parcel of the

order.

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6. In light of the compromise, the judgment and

decree dated 16.02.2021 passed in M.C.No.16/2021 on

the file of the Family Court, Kalaburagi, is hereby set aside

and the present appeal stands disposed of in terms of the

compromise petition.

Registry to draw decree, accordingly.

Sd/-

(MOHAMMAD NAWAZ) JUDGE

Sd/-

(K S HEMALEKHA) JUDGE

MCR

CT:NI