Sri. R. Madhusudhan vs Smt. Shraddha Pathak
2025 Latest Caselaw 8107 Kant

Karnataka High Court

Sri. R. Madhusudhan vs Smt. Shraddha Pathak on 8 September, 2025

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                                                      MFA No. 6525 of 2019
                                                  C/W MFA No. 6271 of 2019

                HC-KAR




                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                       DATED THIS THE 8TH 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. 6525 OF 2019 (FC)
                                            C/W
                  MISCELLANEOUS FIRST APPEAL NO. 6271 OF 2019(FC)



                IN MFA No. 6525/2019

                BETWEEN:

                SRI.R.MADHUSUDHAN,
                S/O.SRI.RAJU,
                AGED ABOUT 34 YEARS,
                R/AT NO.1075, 8TH MAIN,
                2ND STAGE, HEBBAL, MYSORE.
                                                               ...APPELLANT
Digitally       (BY SRI. GIRISHA N.R, ADVOCATE)
signed by K G
RENUKAMBA       AND:
Location:
HIGH COURT
OF              SMT. SHRADDHA PATHAK,
KARNATAKA       W/O R.MADHUSUDHAN,
                D/O MR.JAYARAM PATHAK,
                AGED ABOUT 32 YEARS,
                R/AT NO.2992/1, 3RD MAIN,
                V.V.MOHALLA, MYSORE-02.
                                                             ...RESPONDENT
                (BY SRI. SHRIKANTA SHARMA, ADVOCATE)
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                                      MFA No. 6525 of 2019
                                  C/W MFA No. 6271 of 2019

HC-KAR




      THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED
23.07.2019 PASSED IN M.C.NO.564/2015 ON THE FILE OF THE
I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, MYSURU,
DISMISSING THE PETITION FILED UNDER SECTION 13(1)(i-
a)(i-b) OF THE HINDU MARRIAGE ACT.


IN MFA NO. 6271/2019

BETWEEN:

SRI.R.MADHUSUDHAN,
S/O SRI.RAJU,
AGED ABOUT 34 YEARS,
RESIDING AT NO.1075, 8TH MAIN,
2ND STAGE, HEBBAL, MYSORE.
                                           ...APPELLANT

(BY SRI. GIRISHA N.R, ADVOCATE)

AND:

SMT.SHRADDHA PATHAK,
W/O R.MADHUSUDHAN,
D/O MR.JAYARAM PATHAK,
AGED ABOUT 32 YEARS,
R/AT NO.2992/1, 3RD MAIN,
V.V.MOHALLA, MYSORE-02
                                         ...RESPONDENT

(BY SRI. SHRIKANTA SHARMA, ADVOCATE)


   THIS MFA IS FILED U/S 19(1) OF THE FAMILY COURTS
ACT, AGAINST THE JUDGMENT AND DECREE DATED
23.07.2019, PASSED IN MC.NO.30/2016, ON THE FILE OF
THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
MYSURU, ALLOWING THE PETITION FILED U/SEC.9 OF HINDU
MARRIAGE ACT.
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                                            MFA No. 6525 of 2019
                                        C/W MFA No. 6271 of 2019

    HC-KAR




     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


                          ORAL JUDGMENT

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

Pursuant to the previous order dated 01.09.2025 passed

by this Court, the parties are present in the Court along with

their respective counsel and have been identified by their

respective counsel.

2. The matter has come up for consideration of the

Memorandum of Compromise Petition filed under Order XXIII

Rule 3 of Code of Civil Procedure, 19081. The aforesaid

Memorandum of Compromise Petition has been filed along with

a Memo dated 20.08.2025.

3. The parties have identified their signatures on each

page of the compromise as well as and verifying affidavits.

They have stated that they have read the terms of the

CPC

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compromise and agreed to abide by the same. The

Memorandum of Compromise reads as follows:-

"MEMORANDUM OF COMPROMISE PETITION FILED UNDER ORDER 23 RULE 3 OF C.P.C.

The Appellant and Respondent beg to submit as follows:

1. The Appellant has preferred the present appeal as against the Respondent challenging the Order passed in M.C. No. 564 of 2015 by the Hon'ble Judge, Principal First Additional Family Court at Mysuru.

2. That, the Appellant herein had preferred petition vide M.C. No.564 of 2015 on the file of the Hon'ble Judge, Principal First Additional Family Court at Mysuru as against the Respondent under section 13(1)(i-a)(i-

b) of Hindu Marriage Act seeking for the relief of dissolution of Marriage of the Petitioner and Respondent held on 18-04-2010. Subsequently the Respondent herein had preferred the petition vide M.C. No.30/2016 under section 9 of Hindu Marriage Act seeking for the relief of Restitution of Conjugal Rights. On 23-07-2019 the Hon'ble Judge, Principal First Additional Family Court at Mysuru was pleased to pass a judgment, wherein M.C. No.564 of 2015 was dismissed and M.C. No.30/2016 was allowed.

3. That, the Respondent has entered appearance and subsequently upon the interventions of elders and well

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wishers both the parties have mutually agreed to resolve their dispute amicably with the following terms and conditions.

A. That, without any coercion, both the Appellant and Respondent have decided to dissolve their marriage held on 18-04-2010 at Yashaswi Convention Centre, Hunsur Road, Mysuru.

B. That, the Appellant and the Respondent have made separate arrangements towards the permanent alimony of the Respondent. Hence the Respondent hereby by agrees that she will not claim any other benefits from the Appellant.

C. That, the Appellant has agreed to take care of educational expenditures, other expenditures of his son Master. Gaurav Madhusudhan. Hence the Respondent shall not claim any further amount from the Appellant towards any maintenance as well as shelter.

D. That, the son of the Appellant and Respondent namely Master. Gaurav Madhusudhan shall be with the custody of the Respondent. The Appellant is at liberty to visit/meet his son Master. Gaurav Madhusudhan at any time. The Respondent shall not object for the visiting of son Master. Gaurav Madhusudhan by the Appellant. Further the Appellant is also at liberty to take his son Master. Gaurav Madhusudhan for any vacations, outings, picnics, functions, shopping or any other places of tourism or any other places of

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amusement, or to the residence of the Appellant with the sole responsibility of the Appellant and the Respondent shall not object for the same. Further the Respondent has no objection for the Appellant to spend with the son Master. Gaurav Madhusudhan for a period of minimum 50% of the holidays/vacations.

WHEREFORE, the Appellant and the Respondent humbly pray that this Hon'ble Court be pleased to allow the present Appeal in view of the terms of compromise entered into between the Appellant and Respondent and pray for Judgment and Decree dissolving the marriage between the Appellant and Respondent held on 18-04-2010 at Yashaswi Convention Center, Mysuru in the interest of justice and equity."

4. We have perused the aforesaid the Memorandum of

Compromise Petition and we find that a decree can be made in

terms of the aforesaid compromise.

5. By the impugned Judgment and Decree, the

application filed by the appellant herein before the Family Court

under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955,

seeking the relief of dissolution of marriage of the appellant and

the respondent held on 18.04.2010 and for grant of Decree of

Divorce.

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6. The respondent had preferred a petition bearing MC

No.30/2016 under the Hindu Marriage Act, 1955 seeking the

relief of restitution of conjugal rights. By means of the

impugned judgment, the application of the appellant for

dissolution of marriage was dismissed and the petition filed by

the respondent under Section 9 of the Hindu Marriage Act was

allowed. At this stage, by means of the aforesaid Memorandum

of Compromise Petition, the appellant and the respondent

agree for dissolving their marriage held on 18.04.2010 at

Yashaswi Convention Centre, Hunsur Road, Mysuru, by means

of mutual consent.

7. The aforesaid Memorandum of Compromise Petition

provides for permanent alimony as well as the educational and

other expenditures of their only son, Master Gaurav

Madhusudhan. The custody and visitation rights have also

been amicably agreed between the parties.

8. Accordingly, under the provisions of Section 13B of

the Hindu Marriage Act, we deem it fit to direct that the

marriage of the appellant and the respondent be dissolved with

effect from the date of the decree. It is ordered accordingly.

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9. The parties shall be bound by the terms of the

Memorandum of Settlement, which shall form part of the

decree.

10. It is directed that the decree shall be prepared

within a month from making an application for the same, as per

Rules.

11. In view of the aforesaid, both the aforesaid appeals

are disposed of in terms of the compromise.

Sd/-

(JAYANT BANERJI) JUDGE

Sd/-

(UMESH M ADIGA) JUDGE

KGR