Karnataka High Court
Mrs Prewal Sally Marrie Tauro vs Mr Prerak Naveena Dsa on 18 November, 2025
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NC: 2025:KHC:47403-DB
MFA No. 1597 of 2025
C/W MFA No. 3711 of 2025
MFA No. 5019 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE JAYANT BANERJI
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
MISCELLANEOUS FIRST APPEAL NO. 1597 OF 2025 (IDA)
C/W
MISCELLANEOUS FIRST APPEAL NO. 3711 OF 2025 (IDA)
MISCELLANEOUS FIRST APPEAL NO. 5019 OF 2025 (IDA)
IN MFA No. 1597/2025
BETWEEN:
MR PRERAK NAVEEN D'SA
S/O FRANCIS D'SA AND LEENA D'SILVA,
AGED ABOUT 40 YEARS
R/AT NO.3-44, SHALOME BELLE, MOODUBELLE,
Digitally signed UDUPI DISTRICT - 576 120
by K G ...APPELLANT
RENUKAMBA (BY SRI. ASHWIN JOYSTON KUTINHA, ADV.)
Location: HIGH
COURT OF AND:
KARNATAKA
MRS. PRAWAL SALLY MARRI TAURO
D/O LEO TAURO AND SYLVA TAURO
W/O MR. PRERAK NAVEEN D'SA
AGED ABOUT 39 YEARS,
R/AT LIESSILL, OPP. HOLY FAMILY SCHOOL,
KURUPPUR ROAD, BAJPE POST,
MANGALURU - 574 142
...RESPONDENT
(BY SRI. RAKESH KINI, ADV. FOR CAV/RESPONDENT)
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NC: 2025:KHC:47403-DB
MFA No. 1597 of 2025
C/W MFA No. 3711 of 2025
MFA No. 5019 of 2025
HC-KAR
THIS MFA IS FILED U/S.55 OF INDIAN DIVORCE ACT,
AGAINST THE JUDGMENT AND DECREE DT.30.01.2025 PASSED IN
MC NO.511/2023 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY
COURT, D.K, MANGALURU, ALLOWING THE PETITION FILED
U/S.10(1)(ix)(x) OF THE DIVORCE ACT.
IN MFA NO. 3711/2025
BETWEEN:
MRS. PREWAL SALLY MARRIE TAURO
D/O LEO TAURO AND SYLVA TAURO,
W/O. PRERAK NAVEEN D'SA
AGED ABOUT 39 YEARS,
R/AT LEESILL OPP. HOLY FAMILY SCHOOL,
GURUPUR ROAD, BAJPE POST,
MANGALURU-574142.
...APPELLANT
(BY SRI. RAKESH KINI, ADVOCATE)
AND:
MR. PRERAK NAVEENA D'SA
S/O FRANCIS D'SA AND LEENA D'SILVA,
AGED ABOUT 40 YEARS,
R/AT #3-44, SHALOM, BELLA,
MOODUBELLA,
UDUPI DISTRICT-576120.
...RESPONDENT
THIS MFA IS FILED U/S.55 OF INDIAN DIVORCE ACT,
AGAINST THE JUDGMENT AND DECREE DT. 30.01.2025 PASSED
IN MC NO.511/2023 ON THE FILE OF THE PRL. JUDGE FAMILY
COURT, D.K.MANGALURU, ALLOWING THE PETITION FILED
U/S.10(1)(ix)(x) OF DIVORCE ACT, 1869.
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NC: 2025:KHC:47403-DB
MFA No. 1597 of 2025
C/W MFA No. 3711 of 2025
MFA No. 5019 of 2025
HC-KAR
IN MFA NO. 5019/2025
BETWEEN:
MR. PRERAK NAVEEN D'SA
S/O FRANCIS D'SA AND LEENA D'SILVA,
AGED ABOUT 40 YEARS,
R/AT NO.3-44, SHALOM BELLE,
MOODUBELLE,
UDUPI DISTRICT - 576120
...APPELLANT
(BY SRI. ASHWIN JOYSTON KUTINHA, ADVOCATE)
AND:
MRS. PRAWAL SALLY MARRI TAURO
D/O LEO TAURO AND SYLVIA TAURO,
W/O MR. PRERAK NAVEEN D'SA,
AGED ABOUT 39 YEARS,
R/AT LIESSILL,
OPPOSITE HOLY FAMILY SCHOOL,
KURUPPUR ROAD, BAJPE POST
MANGALURU - 574142
...RESPONDENT
THIS MFA IS FILED U/S.55 OF INDIAN DIVORCE ACT,
AGAINST THE JUDGMENT AND DECREE DT.30.01.2025 PASSED
IN MC NO.511/2023 ON THE FILE OF THE PRINCIPAL JUDGE,
FAMILY COURT, D.K.MANGALURU, ALLOWING THE PETITION
FILED U/S.10(1)(ix)(x) OF THE DIVORCE ACT, 1869.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI
and
HON'BLE MR. JUSTICE K. V. ARAVIND
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NC: 2025:KHC:47403-DB
MFA No. 1597 of 2025
C/W MFA No. 3711 of 2025
MFA No. 5019 of 2025
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
M.F.A. No.1597/2025 was filed seeking to set aside the
judgment and decree passed by the Principal Judge, Family
Court, Dakshina Kannada, Mangaluru in M.C.No.511/2023 on
30.01.2025 to the extent of allowing the petition filed under
Section 10(1)(ix)(x) of the Divorce Act, 1869 and to allow the
appeal.
2. M.F.A. No.5019/2025 was filed seeking to set aside
the judgment and decree dated 30.01.2025 passed by the
Principal Judge, Family Court, Dakshina Kannada, Mangaluru in
M.C.No.511/2023 dismissing the counterclaim filed by the
appellant under Section 32 of the Divorce Act, 1869 and for
grant of restitution of conjugal rights.
3. M.F.A. No.3711/2025 was filed seeking to set aside
that part of the judgment and decree dated 30.01.2025 passed
in MC No.511/2023 on the file of the Principal Judge, Family
Court, Dakshina Kannada, Mangaluru granting permanent
alimony of Rs.40,00,000/- and to set aside the visitation and
communication rights as ordered in the impugned judgment.
NC: 2025:KHC:47403-DB
HC-KAR
4. Pursuant to the orders passed by this Court, the
parties were referred for mediation to the Karnataka Mediation
Centre and a settlement that was entered into between the
parties on 27.09.2025, has been reported.
5. By means of the aforesaid settlement, an amount of
Rs.20,00,000/- has been agreed to be paid by way of Fixed
Deposit in the name of their child Ms. Neva Ruth Dsa within six
months from the date of signing of the agreement, i.e. by
31.03.2026. An amount of Rs.10,00,000/- that was already
deposited by the appellant in this Court, the respondent would
withdraw the same and utilize the said amount for the
maintenance of their minor daughter. In return of certain
items of jewelry, a sum of Rs.6,00,000/- was required to be
paid by the appellant to the respondent. It is stated that the
amount of Rs.6,00,000/- has been paid by way of Bank Draft to
the respondent and the respondent has returned the items of
jewelry to the appellant today itself.
6. In view of the aforesaid settlement, nothing further
survives between the parties as the terms of the same being
elaborately recorded.
NC: 2025:KHC:47403-DB
HC-KAR
7. Accordingly, the decree of divorce passed by the
Family Court is confirmed. The terms of the agreement are
mandated to be complied with by the parties. It is noted that
the respondent has given up her claim to permanent alimony in
terms of the aforesaid agreement. No other dispute or claim
would remain on compliance of the terms of the aforesaid
agreement.
8. In view of the aforesaid, these three appeals are
disposed of.
The terms of the settlement shall form part of the decree.
No further costs or claims between the parties remain,
either under any judgment or any contract.
Sd/-
(JAYANT BANERJI)
JUDGE
Sd/-
(K. V. ARAVIND)
JUDGE
KG/MV
