Karnataka High Court

S Nancy Nithya vs K Shivakumar on 3 September, 2025

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                                                                      MFA No. 6908 of 2023
                                                                  C/W MFA No. 2268 of 2024

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                                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                     DATED THIS THE 3RD DAY OF SEPTEMBER, 2025

                                                         PRESENT
                                          THE HON'BLE MR. JUSTICE JAYANT BANERJI
                                                            AND
                                          THE HON'BLE MR. JUSTICE UMESH M ADIGA
                                   MISCELLANEOUS FIRST APPEAL NO. 6908 OF 2023 (SMA)
                                                            C/W
                                   MISCELLANEOUS FIRST APPEAL NO. 2268 OF 2024(GW)


                                 IN MFA No. 6908/2023 :

                                 BETWEEN:

                                    SRI. K. SHIVAKUMAR,
                                    S/O KEMPANNA,
                                    AGED ABOUT 46 YEARS,
                                    R/AT NO.386,
                                    "THE EMPYREAN",
                                    ANCHEMASTEUR VILLAGE,
                                    LAKKUR HOBLI,
                                    CHIKKATHIRUPATHI POST,
Digitally signed by KORLAHALLI
                                    MALUR TALUK,
BHARATHIDEVIKRISHNACHARYA
Location: HIGH COURT OF             KOLAR DISTRICT.
KARNATAKA
                                                                               ...APPELLANT
                                 (BY SRI. MAHESH KIRAN SHETTY S., ADVOCATE)

                                 AND:

                                    SMT. S. NANCY NITHYA,
                                    W/O K. SHIVAKUMAR,
                                    AGED ABOUT 38 YEARS,
                                    R/AT NO. H-102,
                                    VIJAYITHA ELYSIUM,
                                    HAGADUR ROAD,
                                    WHITEFIELD,
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                                    MFA No. 6908 of 2023
                                C/W MFA No. 2268 of 2024

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   BENGALURU - 560 066.
   PRESENTLY WORKING AT
   ASSOCIATE DIRECTOR(QUALITY),
   EMBITEL TECHNOLOGIES,
   SIGMA TECH PARK,
   VARTHUR KODI,
   WHITEFIELD,
   BANGALORE-560 066.
                                         ...RESPONDENT
(BY SMT. GEETHA G MENON, ADVOCATE)

     THIS MFA IS FILED U/S.39 OF THE SPECIAL MARRIAGE
ACT, AGAINST THE JUDGMENT AND DECREE DT.22.06.2023,
PASSED IN MC NO.174/2020, ON THE FILE OF THE
VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU
RURAL DISTRICT, BENGALURU, ALLOWING THE PETITION
FILED U/S.27 OF THE SPECIAL MARRIAGE ACT AND
DISMISSING THE COUNTER CLAIM.


IN MFA NO. 2268/2024 :

BETWEEN:

   S. NANCY NITHYA
   D/O C SUNDAR
   AGED 41 YEARS,
   FORMERLY RESIDING AT
   H-102, VIJAYITHA ELYSIUM,
   HAGADUR ROAD,
   WHITEFIELD
   BANGALORE-560 066.

   AT PRESENT RESIDING AT
   No.303, E BLOCK,3RD FLOOR,
   DSR GREEN FIELDS,
   VTC NAGONDANAHALLI,
   BANGALORE- 560 066.
                                         ...APPELLANT

(BY SMT. GEETHA G. MENON, ADVOCATE)
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                                      MFA No. 6908 of 2023
                                  C/W MFA No. 2268 of 2024

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AND:

   K SHIVAKUMAR
   S/O LATE KEMPANNA,
   AGED 48 YEARS,
   R/O EMPYREAN,
   ANCHEMASTEUR VILLAGE,
   LAKKUR HOBLI,
   CHIKKATHRUPATHI POST,
   MALUR TALUK,
   KOLAR DISTRICT
                                         ...RESPONDENT

(BY SRI. MAHESH KIRAN SHETTY S., ADVOCATE)


    THIS MFA IS FILED U/S 47(a) OF     THE GUARDIANS
AND WARDS ACT, AGAINST THE JUDGMENT AND DECREE
DATED 23.02.2024      PASSED IN G AND WC.NO.40/2019,
ON THE FILE OF THE IX ADDITIONAL DISTRICT AND
SESSIONS     JUDGE,    BENGALURU     RURAL    DISTRICT,
BENGALURU,    DISMISSING THE      PETITION FILED UNDER
SECTION 7(b), 8(a), 9(1) SECTION 10 OF GUARDIAN AND
WARDS ACT R/W SECTION 7(1)(g) OF FAMILY COURTS ACT
AND REJECTING THE COUNTER CLAIM MADE BY THE
RESPONDENT.


       THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM:     HON'BLE MR. JUSTICE JAYANT BANERJI
           and
           HON'BLE MR. JUSTICE UMESH M ADIGA
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                                          MFA No. 6908 of 2023
                                      C/W MFA No. 2268 of 2024

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                      ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

The learned counsel for the appellant, as well as

learned counsel for the respondent, are present before the

Court, so are the appellant and the respondent

respectively, who have been identified by their advocates.

2. On record is a memorandum of settlement of 23rd

August 2025 as is reflected in

Form No.4 that is appended to the aforesaid settlement.

3. We have perused the terms of the settlement.

The parties admit their signatures on the aforesaid

settlement, which has been signed by them in the

presence of their respective advocates. They declare that

the terms of the agreement would be binding on them.

4. In Para-V, the parties pray to this Court to

dissolve the marriage and cancellation of the marriage

certificate registered under the Special Marriage Act on

06.07.2009, before the Marriage Officer for

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Neelankarai Sub District, vide marriage Notice

No.16/2009, Marriage No.11/2009 and dispose of

MFA.No.6908/2023 and MFA.No.2268/2024, in terms of

the aforesaid agreement.

5. The memorandum of settlement reads as follows :

" MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005

The parties above name beg to submit as follows:

I. The appellant in MFA No.6908/2023 has filed the above appeal challenging the decree of divorce granted in M.C No.174/2020 dated 22.06.2023 on the file of VI Addl District & Sessions Judge, Bengaluru Rural, Bengaluru

II. The respondent herein who is the appellant in MFA No.2268/2024 has filed the said appeal against the judgment dated 23.02.2024 passed in GWC No.30/2019 on the file of IX Addl. District & Sessions Judge, Bengaluru Rural, Bengaluru

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dismissing the guardianship petition filed by the respondent.

III. The parties will be hereinafter referred to as in the manner they are arrayed in MFA No.6908/2023.

IV. The aforesaid appeal was referred to mediation for resolving the dispute between the parties. During the course of mediation, the Appellant and the Respondent along with their respective advocates were present to dissolve their disputes and they have agreed the following terms and conditions :

1. The appellant is a Hindu and the respondent is a Christian and they were married under the provisions of the Special Marriage Act on

06.07.2009 and registered before the Marriage Officer for Neelankarai Sub District vide marriage Notice No.16/2009, Marriage No.11/2009.

2. Both the parties state that from their wedlock they have a son named Sachin Anant Shivakumar born on 11.09.2011 at present aged 13 years 11 months who is at present in the care and custody of the respondent -mother.

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3. The respondent had filed Crl.Misc. No.151/2018 under the provisions of the Protection of Women from Domestic Violence Act on the file of I ACJM, Bengaluru Rural, Bengaluru. The said petition came to be allowed by order dated 10.11.2023 allowed ordering maintenance of Rs.25,000/- (Rupees Twenty Five Thousand Only) per month for the minor child with yearly enhancement of 5% apart from compensation and other protection orders.

4. The appellant has filed Crl.A. No.62/2025 challenging the order dated 10.11.2023 passed in Crl.Misc.No.151/2018 pending on the file of VIII Addl. District & Sessions Judge, Bengaluru.

5. The respondent has filed Crl.Misc.No.937/2024 against the appellant for recovery of the arrears of maintenance in Crl. Misc No.151/2018 pending on the file of I ACJM, Bengaluru Rural, Bengaluru.

6. The appellant and respondent agree that their marriage dated 6.7.2009 solemnized under the provisions of the Special Marriage Act be dissolved by a decree of divorce.

7. The appellant has no objection to the respondent-mother being appointed the sole legal guardian. Both parties agrees that the

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Respondent/mother shall be sole physical custodian of the minor son and both Appellant and Respondent shall be the joint legal custodian of the minor son.

8. The appellant has no objection to the respondent-mother relocating permanently or otherwise to Australia. For the said purpose the appellant - father has given his consent form viz Form 1229 as required by the Australian Embassy being the consent for grant of Australian visa to a child under the age of 18 years. The said signed form has already been handed over to the respondent-mother on 14.08.2025 to enable her to submit the same to the Australian embassy within the deadline set by the Embassy. The respondent- mother acknowledges the same.

9. The appellant-father also undertakes to co-operate with the respondent and the Australian embassy for issue of VISA and telephonic verification for their son Sachin Anant Shivakumar.

10. The appellant agrees that the respondent mother will be solely responsible for all future maintenance including educational and medical expenses of their minor son and appellant shall not be liable for the same.

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11. The respondent-mother will have the sole discretion to take all decisions relating to the minor son be it educational, residence, medical, allied or any other activity.

12. The parties have agreed that the respondent may apply for any Government documentation, identification etc., in future for the minor child and Appellant shall co-operate in giving his consent in the interest of the minor child.

13. In lieu of the appellant signing the consent form and co-operating for the grant of VISA for their minor son, the respondent agrees to waive her right to recover the arrears of maintenance ordered in Crl.Misc. No.151/2018 or any future claims arising out of the order dated 10.11.2023.

14. The appellant will be at liberty to directly communicate with the minor son whose email id along with Australians Telephone No. will be shared by the respondent at the earliest after the respondent and minor child relocate to Australia and the Respondent will not interfere during the private telephonic/virtual conversation/meetings with the minor child. Further the Appellant may plan for a virtual meeting/Video Conference/Telephone

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Conversation with the minor child between 10 am to 5 p.m. (Australian time) on every Saturday.

15. The parties are joint owners of an apartment at Yelahanka bearing Flat No.S 308, Innovative Natura Apartments, Vinayaka Layout, Near Ramanshree California Resorts, Yelahanka New Town, Bangalore 560084. The respondent agrees to execute Relinquishment Deed in favour of the appellant releasing all her title, share, interest on the said property. The cost of the registration of the Relinquishment deed shall be borne by the Appellant.

16. The appellant agrees to withdraw Crl.A No.62/2025 on the file of the VIII Addl.District & Session Judge, Bengaluru Rural District, Bengaluru within one week from the date of recording of this Settlement by the Hon'ble High Court.

17. The respondent agrees to withdraw Crl. Misc. No.937/2024 on the file of I ACJM, Bengaluru within one week from the date of recording settlement by the Hon'ble High Court. The respondent has no objection for Appellant withdrawing Rs.15,000/- (Rupees Fifteen Thousand Only) being deposited by the Appellant in the Crl. Misc No.937/2024.

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18. In view of the mediation agreement all allegations made against each other in all proceedings are withdrawn.

19. The parties are in possession of their respective movable belongings.

20. Both parties state that except to the extent mentioned herein they have no claims against each other including maintenance/alimony be it past present or future and have no claims over the movable/immovable properties against each other either existing or to be acquired in future.

21. Both the parties agree that they have no claims against each other of whatsoever nature.

22. Both the parties admit and agree that there is no collusion or force, fraud or any undue influence in filing the above petition and entering into this compromise in the aforesaid manner.

23. Both parties agree not to interfere in the lives of each other or their families."

6. We find that, by the judgment impugned, the

application under Section 27(2) of Special Marriage Act,

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1954, filed by the respondent-wife was allowed by means

of the following order :

" The petition filed by the petitioner against the respondent under Section 27 of the Special Marriage Act is hereby allowed.

The marriage held between the petitioner and the respondent on 16.07.2009 at GRT Grand Business Hotel, 120, Sir Thyagaraya Road, T.Nagar, Chennai-560017 is hereby dissolved.