Karnataka High Court
Mrs Tina Dimple D Souza vs Mr Roshan Canel D Souza on 20 November, 2025
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NC: 2025:KHC:48002-DB
MFA No. 2492 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH 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. 2492 OF 2024 (IDA)
BETWEEN:
MRS.TINA DIMPLE D'SOUZA,
AGED ABOUT 39 YEARS,
W/O ROSHAN CANEL D'SOUZA,
R/AT TOM GRACE, BATA HOUSE,
NEAR KIREM CHURCH,
AIKALA POST,
MANGALURU TALUK-574 141.
Digitally
signed by K G PRESENT ADDRESS:
RENUKAMBA
Location:
SABA AND CO., TMP. P.O.BOX 21013,
HIGH COURT
OF BAHRAIN TOWER, 8TH FLOOR,
KARNATAKA
A1-KHALIFA ROAD,
MANAMA, BAHRAIN
...APPELLANT
(BY SRI.M.C.RAVIKUMAR, ADVOCATE)
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NC: 2025:KHC:48002-DB
MFA No. 2492 of 2024
HC-KAR
AND:
MR. ROSHAN CANEL D'SOUZA,
AGED ABOUT 48 YEARS,
S/O GREGORY D'SOUZA,
R/AT FLAT NO.201, RON CASTEL APTS,
SEMINARY VIEW, JEPPU, KANKANADY POST,
MANGALURU -575 002.
PRESENT ADDRESS
TRANSGULF MARITIME SERVICES W.L.L,
OFFICE NO.1, BUILDING NO.1877,
ROAD 2124, BLOCK 321,
EXHIBITION ROAD, P.O.BOX 20131,
KINGDOM OF BAHRAIN.
...RESPONDENT
(BY SRI.RENSPRE PRITHESH D SOUZA, ADVOCATE)
THIS MFA IS FILED U/S.55 OF THE INDIAN DIVORCE ACT,
AGAINST THE JUDGMENT AND DECREE DATED 23.01.2024 PASSED
IN MC NO.125/2023 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY
COURT, D.K, MANGALURU, DISMISSING THE PETITION FILED U/S.10
R/W SEC.37 OF THE INDIAN DIVORCE ACT.
THIS APPEAL 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:48002-DB
MFA No. 2492 of 2024
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
The report of the Mediation is available, in which, the date
of settlement is 30.06.2025.
2. The parties are present in Court, who are identified by
their respective Advocates.
3. We have perused the settlement agreement dated
30.06.2025, which is signed by the parties as well as by their
Advocates.
4. There is also a joint memo dated 16.09.2025 on
record stating that, in terms of the settlement, the appellant
has deposited the settlement amount in Fixed Deposit in the
name of the minor son Master Rion Greg D'Souza. A copy of
the Fixed Deposit receipt issued by the Canara Bank has also
been appended thereto. The terms of the settlement
agreement, shall be complied by them and there remains no
further dispute between the them.
5. The appeal was filed challenging the order dated
23.01.2024 passed in MC No.125/2023 passed by the Principal
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HC-KAR
Judge, Family Court, D.K. at Mangaluru, whereby the
application for divorce filed by the wife was dismissed.
6. In view of the aforesaid settlement, the parties have
agreed and prayed that the application for divorce filed before
the Family Court be allowed.
7. In view of the settlement aforesaid, we allow the
application filed by the wife under Section 10 read with Section
37 of the Indian Divorce Act, 1869 and dissolve the marriage
entered into between them on 07.12.2005.
8. Let the decree be issued accordingly.
9. The Memorandum of Settlement dated 30.06.2025
shall form part of the decree.
Sd/-
(JAYANT BANERJI)
JUDGE
Sd/-
(K. V. ARAVIND)
JUDGE
KGR
