Karnataka High Court
Maltesh H. S. S/O Shivanagappa vs Smt. Roopa W/O Malatesh H.S on 12 March, 2025
Author: S G Pandit
Bench: S G Pandit
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NC: 2025:KHC-D:4694-DB
MFA No. 102168 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 12TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
MISCELLANEOUS FIRST APPEAL NO.102168 OF 2022 (FC)
BETWEEN:
MALTESH H. S. S/O SHIVANAGAPPA
AGE. 32 YEARS,
OCC. SERVICE AT CANARA BANK,
R/O. PLOT NO.52, NEAR INDIAN BANK,
KALASAPUR ROAD, AT. GADAG.
TQ AND DIST. GADAG-581117.
...APPELLANT
(BY SRI. SURESH P. HUDEDAGADDI, ADVOCATE)
AND:
SMT. ROOPA W/O MALATESH H.S.
BEFORE MARRIAGE ROOPA D/O KOTRAPPA UDDAR,
AGE. 32 YEARS,
OCC. ASSIST. ENGINEER,
R/O. PANCHAYAT RAJ ENGINEERS OFFICER,
ASHPAK
1ST FLOOR, DR. HUILGOL HOSPITAL,
KASHIMSA
MALAGALADINNI
AT. GADAG, TQ AND DIST. GADAG-581117.
...RESPONDENT
Digitally signed by
ASHPAK KASHIMSA
(BY SRI. K.L. PATIL, ADVOCATE)
MALAGALADINNI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH THIS MFA IS FILED U/S.19(1) OF THE FAMILY COURT ACT,
AGAINST THE JUDGMENT AND DECREE DATED 16.04.2022, PASSED
IN MATRIMONIAL CASE NO.132/2020 ON THE FILE OF THE I
ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT GADAG,
DISMISSING THE PETITION FILED U/SEC. 13(1)(ia) AND (ib) OF THE
HINDU MARRIAGE ACT 1955 & ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2025:KHC-D:4694-DB
MFA No. 102168 of 2022
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
1. This appeal under Section 19(1) of the Family
Courts Act is directed against the judgment dated 16.04.2022
passed in MC No.132/2020 on the file of I Addl. Prl. Judge,
Family Court, Gadag, whereunder respondent's/husband's
petition filed under Section 13(1)(i-a)(i-b) of the Hindu
Marriage Act, 1955 is dismissed.
2. The appellant-Malatesh along with learned counsel
Sri. Suresh P Hudedagaddi as well as respondent-Smt. Roopa
along with her counsel Smt. Padmaja S Tadapatri are present
before the Court. The parties are duly identified by their
respective counsel.
3. This Court by order dated 23.1.2025 referred the
matter to the mediation to explore the possibility of settlement.
4. Learned counsel appearing for the parties submit
that the parties have arrived at settlement in the mediation.
Memorandum of agreement dated 10.3.2025 entered into
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between the appellant and respondent before the Mediation
Centre at Dharwad is filed, which is taken on record. The terms
and conditions of the memorandum of agreement read as
under:
"1. That both the parties have agreed to dissolve
their marriage performed on 15.02.2019 by mutual
consent.
2. In view of difference of opinion between the
parties there are cases filed against each other, ie.
MC No.132/2020 on the file of I Addl Family Court
Gadag.
3. The Appellant Husband filed petition under
section 13 (1)(1a) (1b) of Hindu Marriage Act
seeking Divorce in MC No.132/2020. That the
Wife/Respondent herein disputed the claim of
divorce. Hence, the Petition dismissed by the
learned I Additional Family Court Gadag dated:
16.04.2022. That the husband/appellant being
aggrieved by the dismissal of petition of Divorce has
preferred this Appeal challenging the order in MFA
No.102168/2022 before Hon'ble High Court of
Karnataka Dharwad Bench. As such pending
adjudication, the Hon'ble Court was pleased to refer
the matter for mediation.
4. That in the process of mediation the matter is
settled as per the following terms and conditions:
5. The Appellant-husband and Respondent-wife have
agreed to withdraw all the allegations made against
each other and both have agreed to dissolve the
marriage dated 15.02.2019 by mutual consent in
the pending
MFA No.102168/2022.
6. The Respondent-wife has agreed to consent for
divorce on receiving permanent alimony of Rs
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8,00,000/- and consequently the husband/appellant
& wife/respondent have agreed to withdraw all
allegations against each other.
7. The Appellant-husband has agreed to pay a sum
of Rs.8,00,000/- (Rupees Eight Lakhs Only) towards
the permanent alimony to the Respondent/wife. The
Respondent-wife has agreed to receive the same as
full and final settlement and further declare that she
has no claim of whatsoever in nature against the
Appellant/Husband and his family.
8. The Appellant/Husband has agreed to pay
Rs.8,00,000/- (Rupees Eight Lakhs Only) in the form
of Demand Draft bearing No.744779 drawn on
Canara Bank, Gadag, dtd. 06.03.2025
9. Both parties and their family members have
agreed to withdraw all the allegations and counter
allegations made against each other in their
respective cases and objections. Both the parties
and their family members have agreed that they will
not file any cases against each other in future. Both
the Husband and Wife will not have any claim over
the properties of each other.
10. Both the parties have read and agreed over the
terms and conditions."
5. In terms of memorandum of agreement, the parties
have agreed for consent divorce and the respondent/wife has
agreed to receive permanent alimony of Rs.8 lakhs, which is
paid through Demand Draft bearing No.744779 dated 6.3.2025
drawn on Canara Bank, Gadag. The respondent/wife
acknowledges the receipt of the said Demand Draft.
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6. In terms of memorandum of agreement, the appeal
stands disposed of. The judgment dated 16.4.2022 passed in
MC No.132/2020 on the file of learned I Addl. Prl. Judge, Family
Court, Gadag is hereby set-aside. The marriage of the
appellant with respondent solemnized on 15.2.2019 is dissolved
by decree of divorce, in terms of memorandum of agreement.
Registry to draw decree accordingly.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(C.M. POONACHA)
JUDGE
JTR
CT:VP
