Citation : 2025 Latest Caselaw 10254 Kant
Judgement Date : 14 November, 2025
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MFA No. 101370 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 14TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
MISCELLANEOUS FIRST APPEAL NO.101370 OF 2025 (FC)
BETWEEN:
SMT. SONAM HANUMANTHKAR D/O. MOHAN RAO
AGE. 36 YEARS, OCC. HOUSE HOLD,
R/O. JAMADAR GALLI, JAKANI BHAVI ROAD,
DHARWAD-591115.
...APPELLANT
(BY SRI. VISHWANATH S. BICHAGATTI, ADVOCATE)
AND:
KIRAN KUMAR S/O. RAMU P.
VISHAL
NINGAPPA
PATTIHAL
AGE. 39 YEARS, OCC. SOFTWARE ENGINEER,
Digitally signed by
VISHAL NINGAPPA
PATTIHAL
R/O. OLD 27, NEW #2,
1ST MAIN ROAD, DODANNA LAYOUT,
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
NAGAWARA ROAD CROSS,
VENKATESHAPURA, BENGALURU.
...RESPONDENT
(BY MISS MAHALAKSHMI N. SHAGOTI, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 19 (1) FAMILY COURT
ACT, 1984 PRAYING TO CALL FOR THE RECORDS AND SET
ASIDE THE JUDGMENT DATED 01.03.2025 AND DECREE DATED
06.03.2025 PASSED BY PRL. JUDGE FAMILY COURT, DHARWAD
IN M.C. NO.232/2023, BY ALLOWING THE PRESENT APPEAL IN
THE INTEREST OF JUSTICE AND EQUITY.
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MFA No. 101370 of 2025
HC-KAR
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
This appeal filed under Section 19(1) of the Family
Court Act, 1984, is directed against judgment dated
1.3.2025 passed in MC No.232/2023 on the file of learned
Prl. Judge, Family Court, Dharwad, wherein the petition
filed by the respondent/husband under Section 13(1)(i-a)
of the Hindu Marriage Act, 19551 is allowed and the
marriage between the appellant and respondent solemnized
on 21.02.2019 is dissolved.
2. The appellant/wife is in appeal against grant of
dissolution of marriage.
For short, 'Act, 1955'
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3. The appellant-Smt. Sonam and the respondent-
Sri. Kiran Kumar are present before the Court, who are duly
identified by their respective counsel.
4. Learned counsel appearing for the parties would
submit that during the pendency of the present appeal with
the intervention of elders and family members, the
appellant and respondent have entered into settlement and
accordingly, the compromise petition under Order XXIII
Rule 3 of CPC is filed. They submit that the parties have
withdrawn all the allegations against each other and the
respondent has agreed to pay permanent alimony of
Rs.7,50,000/-. The appellant has received the said amount
through Demand Draft bearing No.011152, drawn on HDFC
Bank, dated 10.11.2025. It is also submitted that the
parties have no claims against each other. Thus, they pray
for confirming the judgment and decree passed in MC
No.232/2023 by expunging the allegations made against
each other.
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5. The terms of the compromise read as under:
"2. That, during the pendency of this appeal, the Appellant and the Respondent have mutually/ voluntarily agreed to settle the matter amicably amidst themselves and accordingly on their own will and wish, without force, coercion or undue influence of anybody have agreed to dissolve their marriage through mutual consent, by drop allegations against each other on the following agreed terms and conditions:
a) That, there will be no relationship of husband and wife between the parties and the marriage solemnized in between them dated: 21.02.2019 at Dharwad as per the Hindu customs and registered on 18.09.2019 bearing marriage number: HLS-
HM146-2019-20, CD Number: HLSM19 may please be declared as Dissolved permanently. That, the Appellant has agreed for the Divorce on Mutual Consent of their marriage from the Respondent solemnized between herself/Appellant and the Respondent as Dissolved.
b) That, no issues has been born out of the marriage.
c) That, the Respondent has agreed to drop all allegations alleged against the Appellant made in M.C.No.232/2023 before the Hon'ble Principal Family Judge, Family Court, Dharwad, so also the Appellant withdraws the allegations made against the Respondent in the instant Miscellaneous First Appeal as well in all other Petitions and Complaints. In furtherance of the said one-time-settlement, both the parties shall withdraw all the Petitions and Complaint filed against each other ViZ., maintenance and recovery petitions pending Misc.Crim.No.159/2022, Crim.Misc.No.112/2023, Crim.Misc. No.286/2024 pending on the files of Family Court, Hon'ble Principal Family Judge, Dharwad, Writ Petition No.107482/2024 pending before Hon'ble High Court of Karnataka, Dharwad Bench and C.C.No.677/2022 pending on the files of
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Hon'ble II Addl. Civil Judge and JMFC II Court, Dharwad.
d) In view of the full and final settlement/Permanent Alimony the Respondent shall pay an amount of Rs.7,50,000/- (Seven lakh Fifty Thousand Rupees only), through DD of HDFC Bank, bearing No.011152, dated: 10.11.2025 and also the amount already deposited as per the order of Hon'ble Principal Family Judge, Family Court, Dharwad in Crim.Misc.No.l59/2022, Crim.Misc.No.112/2023, Crim.Misc.No.286/2024.
e) And hereafter, both the parties have no rights/interests of whatsoever kind against each other or against the properties they inhere it.
f) It is further agreed between the parties that, on the dissolution of their marriage, the couple are free to lead their respective lives as per their will and wish. And either shall not interfere in any manner in the future life of the other.
8) The above Petition is filed by the Parties herein on their own accord and there is no collusion between the Parties herein."
6. We have gone through the terms of the
compromise. The said terms of the compromise are in
accordance with law. As prayed for in the compromise
petition and in terms of the compromise entered into
between the parties, decree of divorce granted under
judgment in MC No.232/2023 on the file of learned Prl.
Judge, Family Court, Dharwad is hereby confirmed, by
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expunging the allegations made by the appellant and
respondent against each other.
7. Accordingly, the appeal stands disposed of in
terms of the compromise.
Sd/-
(S G PANDIT) JUDGE
Sd/-
(GEETHA K.B.) JUDGE JTR CT-CMU
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