Karnataka High Court
Roopashree B. W/O Naveen vs Naveen S/O L.Manjayya on 13 October, 2025
Author: S G Pandit
Bench: S G Pandit
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MFA No. 104760 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 13TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S G PANDIT
AND
THE HON'BLE MRS JUSTICE GEETHA K.B.
MISCELLANEOUS FIRST APPEAL NO. 104760 OF 2024 (FC)
BETWEEN:
ROOPASHREE B. W/O NAVEEN
AGE. 31 YEARS, OCC. GOVT. JOB,
R/O. SINGANAMANE, B.R.P BHADRAVATHI,
TQ. BHADRAVATHI, DIST. SHIMOGGA,
NOW AT VEERANARAYANA TEMPLE,
RACHOTESHWAR NAGAR, GADAG,
TQ. AND DIST. GADAG.
...APPELLANT
(BY SRI. ANOOP G. DESHPANDE, ADVOCATE)
AND:
NAVEEN S/O L. MANJAYYA
AGE. 34 YEARS, OCC. MANAGER IN PVT. BANK,
R/O SHANKARBHATTA, TQ. BHADRAVATHI,
DIST. SHIMOGGA.
...RESPONDENT
Digitally
signed by
VINAYAKA B
V
(BY SRI. LAXMAN T. MANTAGANI, ADVOCATE)
VINAYAKA Location:
BV HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
THIS MFA IS FILED UNDER SECTION 19(1) OF THE FAMILY
COURT ACT 1984 R/W SECTION 96 OF CPC, AGAINST THE JUDGMENT
AND DECREE DATED 17.08.2024, PASSED IN MATRIMONIAL CASE
NO.02/2024 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE,
FAMILY COURT, GADAG, DISMISSING THE PETITION FILED U/SEC.
13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955 & ETC.
THIS MFA COMING ON FOR ORDERS, 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.
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MFA No. 104760 of 2024
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
This appeal is filed under Section 19(1) of the Family
Courts Act, 1984 questioning the judgment dated 17.8.2024 in
MC No.2/2024 passed by the learned I Addl. Principal Judge,
Family Court, Gadag, whereunder the petition filed by the
appellant under Section 13(1)(i-a) of the Hindu Marriage
Act,1955 is dismissed.
2. This Court by order dated 4.8.2025 referred the
appeal to the Mediation at Mediation Centre, High Court of
Karnataka, Dharwad Bench, Dharwad. Before the Mediation,
the parties have amicably settled the dispute among
themselves and to that effect, they have entered into an
agreement under Section 89 of Code of Civil Procedure read
with Rules 24 and 25 of the Karnataka Civil Procedure
(Mediation) Rules, 2007.
3. The parties are present before the Court and they
are duly identified by their respective counsels. The terms of
agreement read as under:
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HC-KAR
"1. The appellant wife filed Matrimonial Case No.2/2024,
under Section 13(1) (ia) of the Hindu Marriage Act, seeking
dissolution of her marriage with the respondent, solemnized on
27-3-2022, before the 1st Additional Principal Judge, Family
Court, Gadag, The learned Principal Family Judge, as per his
order dated
17-8-2024, dismissed the said Matrimonial Case. Challenging
the said judgment and decree passed in Matrimonial Case
No.2/2024, the appellant preferred this appeal. This Honourable
Court was pleased to refer the matter for mediation Centre, High
Court of Karnataka, Dharwad Bench. Before the mediation the
parties have amicably settled their dispute without therebing any
influvense of pressure from any of the parties and out of their
own wish and will, and thus, the parties have entered in to full
and final settlement as under.
a) The appellant wife has agreed to withdraw all the
allegations made by her in the complaint filed by her in
Crime No.120/2023, filed before the Women Police Station
Shimogga, for the offences punishable under Section
498A, 504, 506 read with Section 34 of the Indian Penal
Code and Section 3 and 4 of the D.P.Act and on the said
complaint, the said case on the charge sheet being filed
police authorities the said case has been registered as CC
No.1824/2024 and pending before the J.M.F.C, Shimogga.
The appellant hereby agreed to withdraw all the
allegations made in the said criminal case against the
respondent and his parents and in view of the said
settlement she has no objections for dismissal of the case.
If necessary the respondents may move for quashing of
the said proceedings in C.C. No.1824/2024 and the
appellant has not having any objections for quashing of
the proceedings.
b) In view of the said settlement, the respondent has paid a
sum of Rs.1,00,000/- (One lakh only) to the appellant and
the appellant has also accepted the said amount, in full
and final settlement of her all claim against the
respondent. The appellant has also agreed not to claim
any right or any further amount from the appellant and
both the parties have agreed that they have no further
claims against each other. Both the parties agreed to
dissolve their marriage solemnized on 27-3-2022 and they
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have further agree that henceforth there is no subsistence
of their marriage and their marriage stands dissolved.
2. Therefore the appellant and the respondent prays
for allowing this appeal, in terms of this settlement and
pray for passing of a decree for dissolution of the
marriage of the appellant with the respondent solemnized
on 27-3-2022, in the ends of justice and equity."
4. The appellant, who is present before this Court,
submits that she is in receipt of Rs.1,00,000/- (Rupees One
Lakh only) by way of cash paid by the respondent in full and
final settlement of her claim. In view of agreement entered
into between the parties and in terms of settlement arrived at,
the following:
ORDER
a) The appeal stands disposed of in terms of
settlement.
b) The judgment dated 17.08.2024 passed in
MC No.2/2024 on the file of learned I Addl.
Prl. Judge, Family Court, Gadag is hereby
set-aside.
c) Consequently, MC No.2/2024 is allowed.
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d) The marriage of the appellant and
respondent solemnized on 27.3.2022 is
hereby dissolved by decree of divorce.
e) Registry to draw decree accordingly.
Sd/-
(S G PANDIT)
JUDGE
Sd/-
(GEETHA K.B.)
JUDGE
JTR
CT:VP
