Malashre vs Digambar
2025 Latest Caselaw 10470 Kant

Citation : 2025 Latest Caselaw 10470 Kant
Judgement Date : 20 November, 2025

Karnataka High Court

Malashre vs Digambar on 20 November, 2025

Author: H.T.Narendra Prasad

Bench: H.T.Narendra Prasad

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                                                        MFA No. 202853 of 2024


                      HC-KAR




                                 IN THE HIGH COURT OF KARNATAKA,

                                        KALABURAGI BENCH

                          DATED THIS THE 20TH DAY OF NOVEMBER, 2025

                                              PRESENT

                        THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
                                                AND
                        THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY

                          MISCL. FIRST APPEAL NO. 202853 OF 2024 (MC)

                      BETWEEN:

                         MALASHRE
                         W/O DIGAMBAR,
                         AGED ABOUT 29 YEARS,
                         OCCUPATION HOUSEHOLD,
                         RESIDENCE OF VILLAGE CHAMBOL,
                         TALUKA AND DISTRICT BIDAR - 585 401.
                                                                   ...APPELLANT
                      (BY SRI SANDEEP VIJAYKUMAR, ADVOCATE)

                      AND:
Digitally signed by
BASALINGAPPA
SHIVARAJ
DHUTTARGAON              DIGAMBAR
Location: HIGH
COURT OF                 S/O SHANKER,
KARNATAKA
                         AGED ABOUT 37 YEARS,
                         OCCUPATION LABOUR,
                         RESIDENCE OF VILLAGE KAPLAPUR-A,
                         TALUKA AND DISTRICT BIDAR - 585 401.
                                                                 ...RESPONDENT
                      (BY SRI SHARANAGOWDA V.PATIL, ADVOCATE)

                             THIS MFA IS FILED UNDER SECTION 28 OF THE HINDU
                      MARRIAGE ACT, 1955, PRAYING TO ALLOW THIS APPEAL AND
                      SET ASIDE THE JUDGMENT AND AWARD DATED 25-11-2022 IN
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                                     MFA No. 202853 of 2024


HC-KAR




MC NO.16/2022 ON THE FILE OF PRL. SENIOR CIVIL JUDGE
AND CJM BIDAR, IN THE INTEREST OF JUSTICE AND EQUITY.
     THIS MFA, COMING ON FOR FURTHER ORDERS, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:    HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
          AND
          HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY


                     ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD)

This appeal is filed by the appellant/wife under

Section 28 of the Hindu Marriage Act, 1955 (hereinafter

referred to as 'the Act'), challenging the judgment and

decree dated 25.11.2022 passed by the Principal Senior

Civil Judge and CJM, Bidar in MC.No.16/2022, whereby the

petition filed by the respondent/husband under Section

13(1)(i-a) of the Act was allowed.

2. For the sake of convenience, the parties are

referred to as per their ranking before the Trial Court.

3. The marriage between the petitioner and the

respondent was solemnized on 20.06.2013 at Chambol

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village. After the marriage, the couple lived in the

petitioner's house for only two months. Due to differences

of opinion, the petitioner filed a petition under Section

13(1)(i-a) of the Act seeking a decree of divorce in

MC.No.16/2022. The Trial Court, after considering the

material available on record, allowed the petition and

dissolved the marriage by a decree of divorce.

4. On service of notice in the present appeal, the

petitioner appeared through counsel.

5. The parties have amicably settled their dispute

and filed an application under Section 13(B) of the Act and

have agreed to live together. The said compromise petition

is placed on record. The same is extracted below:

"1. The Appellant and Respondent are stating that they have compromised the matter amicably. Both the parties have stated that after having understood the contents of the compromise petition which is explained to them in Kannada language they have affixed their signatures voluntarily without any force or threat, coercion. They have also stated that out of their own free will and volition they have admitted the

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execution of compromise petition and affixed the their signatures.

2. The Appellant/Husband was filed the divorce Petition U/s 13(i-a) of Hindu Marriage Act 1955. The Appellant/Husband was filed the MC No. 16/2022 Before on the file of the Court of the Principal Senior Civil Judge & CJM Bidar. The Court was issue notice to the Respondent/wife. The Respondent was appeared through her counsel and contesting the matter. After hearing the both sides the court below was allowed the divorce Petition filed by the Respondent / Husband U/s 13(1) (i-a) of the Hindu Marriage Act 1955.

3. The compromise is entered between the parties after knowing the full consequences and with consciousness and consent the compromise is entered between the parties.

4. In the Compromise petition respective counsels and their parties have signed the compromise petition.

5. In terms of the compromise petition the Judgment and decree dated: 25-11-2022 passed in Matrimonial Case No.16/2022 on the file of the Court of the Principal Senior Judge & CJM Bidar, may be set aside and allow the compromise petition filed by the parties. In the interest of justice and equity."

6. In view of the settlement arrived at between

the parties and the compromise petition filed under

Section 13(B) of the Act, the following order is passed: