Karnataka High Court
Dr. Siddesh S/O Chandrakanth Patil vs Dr. Roopali W/O Dr. Siddesh Patil on 20 March, 2025
Author: K Natarajan
Bench: K Natarajan
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NC: 2025:KHC-K:1771-DB
MFA No. 201939 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR JUSTICE K NATARAJAN
AND
THE HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
MISCL. FIRST APPEAL NO. 201939 OF 2023 (FC)
BETWEEN:
DR. SIDDESH S/O CHANDRAKANTH PATIL
AGE: 31 YEARS, OCC: VETERINARY OFFICER,
WORKING AT VETERINARY DISPENSARY AT
VILLAGE GADGI, TQ: & DIST: BIDAR
R/O: H NO.8-10-78, AKKA MAHADEVI COLONY,
KEB ROAD, BIDAR - 585401.
...APPELLANT
(BY SMT. HEMA L KULAKARNI, ADVOCATE)
Digitally signed
AND:
by RAMESH
MATHAPATI
Location: HIGH
Dr. ROOPALI W/O Dr. SIDDESH PATIL
COURT OF (D/o: NAGESH BIRADAR)
KARNATAKA
AGE: 31 YEARS, OCC: ASST. PROFESSOR
WORKING AT DEPARTMENT OF VETERINARY
MEDICINE KARNATAKA VETERINARY ANIMAL
AND FISHERIES, SCIENCE, UNIVERSITY
AT NANDI NAGAR, BIDAR
R/O VILLAGE MARKHAL,
NOW RESIDING AT VAISHNAVAI COLONY,
SHIVANAGAR NORTH, BIDAR - 585401.
...RESPONDENT
(BY SRI MAHANTESH PATIL, ADVOCATE)
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NC: 2025:KHC-K:1771-DB
MFA No. 201939 of 2023
THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND
DECREE DATED 07.03.2023, PASSED BY THE PRL. JUDGE,
FAMILY COURT AT BIDAR, IN MC NO.114/2022 BY ALLOWING
THE APPEAL AND DECREE THE PETITION & DISMISS THE
COUNTER CLAIM.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K NATARAJAN
AND
HON'BLE MR JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE K NATARAJAN)
This appeal is filed by the appellant-husband under
Section 19(1) of the Family Court Act, seeking to set aside
the judgment and decree dated 07.03.2023 passed in
M.C.No.114/2022 by the Principal Family Court at Bidar
2. The appellant is the petitioner and respondent
is the respondent before the trial Court. For the sake of
convenience, the rank of the parties are referred to as per
their ranking before the trial Court
3. The petitioner and respondent are present
before the Court along with their respective counsel.
NC: 2025:KHC-K:1771-DB
4. During the pendency of the appeal, both the
parties along with the counsel filed a joint compromise
petition under Order 23 Rule 3 of CPC r/w 13-B of the
Hindu Marriage Act, 1955.
5. Learned counsel for the parties submits that the
petition filed by the petitioner-husband for divorce has
been dismissed and restitution of conjugal rights is
granted in favour of respondent. However, the parties
have decided to dissolve their marriage with mutual
consent and both the parties are withdrawing the
allegations made against each other before the Family
Court. The respondent-wife states that she will not claim
any permanent alimony or maintenance from the
petitioner and the petitioner also states that he will not file
any suit, petition or claim against the respondent.
6. The submission of the learned counsel for the
parties is placed on record.
NC: 2025:KHC-K:1771-DB
7. In view of the submission made by the parties,
the joint compromise petition filed by the parties is
converted into 13-B of the Hindu Marriage Act, 1955. It is
also submitted that the petitioner and respondent are
residing separately from the year 2021. The terms of the
compromise petition reads as follows;
a) It is agreed and settled that the parties are
withdrawing all the allegations made against
each other, in the petition and statement of
objection.
b) It is agreed and settled the parties are living
separately since 2021 and further they are
not in a position to continue their marital
relationship and it has become difficult for
the parties to prolong the marital
relationship. Thus they have mutually
decided to live separately by obtaining a
decree for divorce.
c) It is agreed and settled that the parties have
agreed that their Marriage be dissolved.
d) In view of the settlement arrived between
parties to the appeal, both the parties to the
appeal shall have no objection for contracting
the marriage of their choice after the decree
of divorce.
e) The appellant and the respondent will have
no rights against each other either in
immovable or movable properties.
NC: 2025:KHC-K:1771-DB
f) It is agreed between the parties that the
appellant and respondent shall have no right
of maintenance against each other.
g) It is agreed between the parties they shall
not file any suit, petition, claim or any case
against each other.
h) It is agreed between the parties that either
party will not interfere in whatsoever in the
future life of each other in private,
professional and social life."
8. The Compromise application filed by the parties
is allowed. Consequently, the appeal is disposed off.
Hence, the marriage between the parties solemnized on
03.03.2021 at M.S.Patil Function Hall, Bidara, is dissolved.
Draw decree accordingly.
Sd/-
(K NATARAJAN)
JUDGE
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
MSR
CT: PS
