Karnataka High Court
Sri Prakash S/O Hullappam Vaginakoppa vs Smt. Rekha D/O Gangappa Fakkirappa ... on 22 September, 2025
Author: S.Sunil Dutt Yadav
Bench: S.Sunil Dutt Yadav
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MFA No. 104164 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
AT DHARWAD
DATED THIS THE 22ND DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
M.F.A. NO.104164 OF 2022 (MC)
BETWEEN:
SRI. PRAKASH S/O. HULLAPPA VAGINAKOPPA,
AGE: 41 YEARS, OCC: COOLIE,
R/O. KAVALETTU, POST. KUMARAPATANAM,
TQ. RANEBENNUR, DIST. HAVERI.
...APPELLANT
(BY SRI. NAVEEN CHATRAD, ADVOCATE)
AND:
SMT. REKHA D/O. GANGAPPA FAKKIRAPPA BARKI
W/O. PRAKASH HULLAPPA,
AGE: 32 YEARS, OCC: HOUSEHOLD WORK,
R/O. JANATA COLONY, KAVALETTU,
POST. KUMARAPATANAM, TQ. RANEBENNUR,
Digitally signed by
CHANDRASHEKAR
LAXMAN
DIST. HAVERI-581115.
KATTIMANI
Location: High
...RESPONDENT
Court of Karnataka,
Dharwad Bench (BY SRI. B. S. PATIL, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.28 (1)
OF THE HINDU MARRIAGE ACT, 1956, PRAYING TO CALL FOR
THE RECORDS CONNECTED WITH M.C. NO.19/2014 IN THE
COURT OF THE 2ND ADDITIONAL SENIOR CIVIL JUDGE,
RANEBENNUR, EXAMINE THE SAME AND SET ASIDE THE
JUDGMENT AND DECREE DATED 09.01.2020 AND
CONSEQUENTLY GRANT THE DECREE OF DIVORCE, IN THE
INTEREST OF JUSTICE.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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MFA No. 104164 of 2022
HC-KAR
CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)
This appeal is filed challenging the judgment and decree
dated 09.01.2020 passed in M.C.No.19/2014 by the II Addl.
Senior Civil Judge, Ranebennur, wherein the appellant's petition
filed under Section 13(1) (ia) (ib) of the Hindu Marriage Act,
1955 was dismissed.
2. The appellant and respondent filed memorandum of
compromise petition under Order XXIII Rule 3 of the Code of
Civil Procedure, 1980 stating that the appellant and the
respondent have resolved their dispute amicably with the
intervention of the elders as they are related to each other. We
had enquired with the respondent who is present before the
Court with regard to the terms of the compromise. She states
that she has read and understood the clauses of the compromise
petition and she has received ₹2,50,000/- as a permanent
alimony towards full and final settlement of the dispute against
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the appellant. The family members of the respondent are also
present. We have interacted with them. They also expressed that
the settlement is arrived with the consent of the respondent.
3. In view of the said statement, the appeal is required
to be disposed off. The terms of the memorandum of
compromise petition reads as under:
"1. That Appellant and Respondent marriage was
solemnized on 23-05-2010 at Margad Durgamma Temple,
Kavalettu and out of their wed lock there are no issues.
2. Appellant herein filed M.C. No.9/2014 before the
2nd Addl. Senior Civil Judge, Ranebennur against the
Respondent u/s 13(1)(ia) (ib) of Hindu Marriage Act 1855.
After hearing 2nd Addl. Senior Civil Judge, Ranebennur
dismissed petition filed by the Husband-Appellant vide
order dated 09-01-2020.
3. Appellant being aggrieved by the order dated
09-01-2020 passed by the 2nd Addl. Senior Civil Judge,
Ranebennur in M.C.No.9/2014 has filed the present
appeal.
4. Due to intervention of elder's of the society and
well wishers that the parties have compromised all their
disputes on the following terms;
I. The Appellant-Husband and Respondent-wife
have agreed to dissolve their marriage solemnized
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on 23-05-2010 at Margad Durgamma Temple,
Kavalettu. Accordingly the Respondent has agreed
to allow this appeal and to give divorce by
accepting the amount of Rs. 2,50,000/- (Rupees
Two Lakhs and Fifty Thousand only) from the
Appellant as a permanent alimony by way of cash
before this Hon'ble Court as full and final
settlement of her claim.
II. It is submitted that Respondent-Wife has
agreed that, here afterwards she will not claim any
maintenance against the Appellant and also she
agreed that she will not seek for partition in future
in any the property of the Appellant's or his family
and further agreed that, no case would be filed by
her in future claiming any amount or share against
the Appellant. The Respondent has no claim of
whatsoever of nature in future against the
Appellant.
III. That the Respondent has filed Crim.
Misc.88/2021 and Crim. Misc. No.164/2023 before
the Civil Judge and JMFC court, Shiggoan and Ex.
Case No.139/2023 before the II Addl. Senior Civil
Judge and JMFC court, Ranebennur for recovery of
the maintenance amount against the Appellant and
Respondent/wife undertakes to withdraw the
above said cases unconditionally by next date of
hearing.
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IV. That the Respondent has also filed the
Private Compliant bearing No.19/2016 under
Section 200 of Cr.PC before the Addl. Civil Judge
and II Addl. JMFC, Ranebennur and the same was
registered in C.C. No. 859/2022 against the
Appellant/Accused No.1 and other Accused No. 2
to 11 for the offence punishable U/s.494 R/w.149
of IPC. The Respondent hereby withdrawing all the
allegations made in the private compliant and
agreed to withdraw the above private complaint
against the Accused No.1 to 11 by next date of
hearing. If the Trail Court will not permit to
withdraw the said case, the Respondent has to
appear before this Hon'ble Court in
Crl.P.No.102451/2025, which is filed by the
Accused No. 2, 4, 5, 7 to 9 and file affidavit having
no objections to quash the proceedings and also to
file affidavit having no objections to quash the
proceedings in the proposed Criminal Petition to be
filed, by the Accused No.1 and Accused No. 6.
V. That the mutual consent has not been obtained
by any force, fraud or undue influence.
VI. The appellant and respondent hereby
declare, agree, and undertake that they shall
hereafter be entitled to live apart from each other
wherever they choose and agreed not to interfere
in the personal life of each other in any manner.
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VII. The contents of the compromise petition
which is in English read over and explained to the
parties in Kannada and the parties having
understood contents and agreed thereupon affixed
their signature with free consent and volition free
from all undue influence, fraud and
misrepresentations to this compromise have
signed this compromise petition after being
explained about the terms in Kannada after
agreeing to the contents.
Wherefore, for the above stated reasons that the
marriage of the appellant and respondent
solemnized on 23-05-2010 at Margad Durgamma
Temple, Kavalettu be kindly dissolved by passing a
decree of divorce by consent by allowing this
Compromise petition as in terms of the
compromise arrived at supra, in the interest of
justice and equity."
4. We have perused the terms of the compromise. The
same is in accordance with law and not opposed to public policy.
Considering the statement of the respondent and taking note of
the terms of the compromise, we proceed to pass the following:
ORDER
i. The appeal is allowed.
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ii. The marriage solemnized between the
appellant and respondent on 23.05.2010 at
Margad Durgamma Temple, Kavalettu is
dissolved in terms of the compromise petition.
iii. Registry shall draw decree in terms of
compromise.
Sd/-
(S.SUNIL DUTT YADAV)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
CLK /CT-AN
