Smt. Mamatha W/O Nagaraj Malipatil Vs Sri. Nagaraj Malipatil S/O Mallikarjunagouda

SRI. NAGARAJ MALIPATIL S/O. MALLIKARJUNAGOUDA, AGED 40 YEARS, OCC: LECTURER, WORKING AS LECTURER IN KARNATAKA COLLEGE, DHARWAD, R/O. KARNATAKA COLLEGE, DHARWAD, PIN-580007.

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…RESPONDENT

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(BY SRI. HAREESH S. NAYAK, ADVOCATE)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 28(1) OF THE HINDU MARRIAGE ACT, 1955, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT AND DECREE PASSED BY THE SENIOR CIVIL JUDGE AND JMFC GANGAVATI IN MATRIMONIAL CASE NO.47/2022 DATED 18.01.2025, IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL

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NC: 2025:KHC-D:9520-DB MFA No. 101356 of 2025

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HC-KAR

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ORAL JUDGMENT

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(PER: THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL)

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This appeal is filed challenging the judgment and decree dated 18.01.2025 passed in M.C.No.47/2022 by the Senior Civil Judge and J.M.F.C., Gangavati.

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This Court vide order dated 16.07.2025 referred the matter to the Mediation Centre, High Court of Karnataka, Dharwad Bench.

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Today, both the parties are present before the Court and they have been identified by their respective counsels. They have filed memorandum of compromise petition under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure.

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We have perused the compromise petition signed by the parties. We have enquired with the parties present before the Court with regard to the compromise arrived by them before the Mediation Centre. They express that they have entered the compromise on their volition and without coercion and have signed the compromise memo. The said submission is placed on record.

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3 - NC: 2025:KHC-D:9520-DB MFA No. 101356 of 2025

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HC-KAR

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The memorandum of compromise petition is

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voluntary one, entered in accordance with law and not opposed to any public policy. Considering the same, joint compromise memo is placed on record which reads as under:

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“The appellants and respondent herein is filing the present compromise petition.

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1. That, the relationship between the appellant and respondent as a husband and wife is admitted and their marriage was solemnized to on 25.02.2011 as per the Hindu customs and from their wedlock the appellant gave birth to 2 children's namely Kumari Diksha and Dhruva. It is submitted that, the Appellant herein had filed a Matrimonial Case No.47/2022 on the file of Hon'ble Senior Civil Judge and JMFC, Gangavati for desolation of her marriage with the respondent by making the various allegations against the respondent. However the Hon'ble Civil Judge dismissed the said Matrimonial Case and as such the appellant has filed this appeal. This Hon'ble Court was pleased to refer the matter to mediation and before the mediation center the parties have amicably settled their dispute and filing this compromise petition.

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2. It is submitted by both the parties that, the appellant and respondent are living separately from last 5 years and there is no possibility of reunion and their marriage has been irretrievably broken. As such the Respondent has agreed and he is not having any

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NC: 2025:KHC-D:9520-DB MFA No. 101356 of 2025

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HC-KAR

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objection. To allow this appeal and also to allow the Matrimonial Case filed by the appellant. It is hereby agreed between the parties that their marriage has been dissolved.

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3. The appellant has agreed not to claim any maintenance amount from the respondent and she has no claim for any maintenance amount from the respondent. The appellant has also agreed not to claim any right or interest in any of the property of the respondent and both the parties have agreed that, they have not having any claim against each other.

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4. The Appellant has also agreed to look after the welfare of the children including their education and she has also agreed to their all the expenses of this children till they have attained the age of majority.

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Wherefore, both the appellant and the respondent prays for allowing this appeal as well as Matrimonial Case No. 47/2022 and to dissolve the marriage of the appellant with the respondent, in the interest of justice and equity.

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The contents of the above para No. 1 to 4 are read over and explained to both the parties and they agree for the same.

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The parties have agreed to appear before the court on 01.08.2025.”

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HC-KAR

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In view of the aforesaid memorandum of

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compromise petition, the appeal is required to be disposed off affirming the impugned judgment and decree of the trial Court.

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For the aforementioned reasons, the appeal is disposed off in terms of the memorandum of compromise petition. The marriage between the appellant and respondent dated 25.02.2011 solemnized at Shri. Channabasava Swamy Kalyan Mantap, Gangavati is dissolved.

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Registry shall draw decree in terms of compromise petition.

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Sd/(S.SUNIL DUTT YADAV) JUDGE

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Sd/(VIJAYKUMAR A.PATIL) JUDGE

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CLK /CT-AN List No.: 1 Sl No.: 17

Smt. Mamatha W/O Nagaraj Malipatil v. Sri. Nagaraj Malipatil S/O Mallikarjunagouda

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Smt. Mamatha W/O Nagaraj Malipatil v. Sri. Nagaraj Malipatil S/O Mallikarjunagouda

Case brief

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