N.R.Vinayak S/O N.M.Rajendra Swamy Vs Deepa D/O… — Matrimonial and Divorce | Karnataka HC (2025)

N.R.Vinayak S/O N.M.Rajendra Swamy Vs Deepa D/O… — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal disposed of on the basis of the settlement recorded in the memorandum of agreement under Section 89 CPC: the husband and wife agreed to live together with son Master Bhargav and daughter Aadhya and to withdraw/close MFA No.102497/2019 as settled; decree to be drawn accordingly.

Issue for consideration

Whether the judgment and decree dated 01.06.2019 passed in M.C. No.51/2016 by the Addl. Senior Civil Judge and JMFC, Hosapete, rejecting the petition for dissolution of matrimonial relationship, should be set aside and the appeal allowed.

Court's answer

The memorandum of agreement/settlement entered into between the parties was accepted, taking note that both parties stated the settlement was of their own will and volition and that they are staying together.

Ratio / Principle

The appeal is disposed of while recording the terms of settlement as reflected in the memorandum of agreement under Section 89 of CPC.

Detailed headnote1 paragraphs

Matrimonial appeal under S.28 of the Hindu Marriage Act against the judgment and decree dated 01.06.2019 in M.C. No.51/2016 (Addl. Senior Civil Judge and JMFC, Hosapete) rejecting the petition for dissolution of matrimonial relationship. During the pendency of the appeal the matter was referred for mediation, whereupon the husband and wife entered into a memorandum of agreement under Section 89 of the Code of Civil Procedure agreeing to resolve the dispute amicably, live together with their son Master Bhargav and daughter Aadhya, take care of each other, and withdraw/close MFA No.102497/2019 as settled. Both parties, appearing through video conferencing, confirmed before the Court that the settlement was of their own will and volition and that they are staying together. The Division Bench (S. Sunil Dutt Yadav and Vijaykumar A. Patil, JJ.; judgment per S. Sunil Dutt Yadav, J.) accepted the agreement, disposed of the appeal while recording the terms of settlement, and directed that a decree be drawn accordingly.

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NC: 2025:KHC-D:11359-DB MFA No. 102497 of 2019

HC-KAR

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 4^TH 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. 102497 OF 2019 (MC)

BETWEEN:

N. R. VINAYAK S/O. N. M. RAJENDRA SWAMY, AGE: 30 YEARS, OCC: PRICING ANALYST, R/O. MOMAN MUTT, MAHARAJ PETH, DAVANAGERI, NOW R/O. PRICING AANAYASTIN KEY STONE, AUTOMOTIVE OPERATION (INDIA) PVT., LTD., BILEKALLI LAYOUT, 2ND CROSS, D.NO.3, BANNERGATTA ROAD, BENGALURU-28.

…APPELLANT

(BY SMT. VIDYAVATHI M. KOTTURSHETTAR, ADVOCATE)

AND:

Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench

DEEPA D/O. SHASHIDAR PALTURU, AGE: 27 YEARS, R/O. RAJAKUMAR STREET, "NANDA DEEPA", BEHIND MAHALAKSHMI TEMPLE, M.P.PRAKASH NAGAR, HOSAPETE.

…RESPONDENT (BY SRI. GURUDEV GACHCHINAMATH, ADVOCATE)

THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S.28 OF THE HINDU MARRIAGE ACT, PRAYING TO CALL FOR RECORDS IN M.C. NO.51/2016 ON THE FILE OF ADDL. SENIOR CIVIL JUDGE AND JMFC, HOSAPETE AND SET ASIDE THE JUDGMENT AND DECREE DATED 01.06.2019 PASSED BY THE LEARNED ADDL. SENIOR CIVIL JUDGE AND JMFC, HOSAPETE IN M.C. NO.51/2016 AND ALLOW THE APPEAL FILED BY THE APPELLANT IN THE INTEREST OF EQUITY AND NATURAL JUSTICE.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:11359-DB MFA No. 102497 of 2019

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 S.SUNIL DUTT YADAV)

The present appeal was filed challenging the order passed in MC.No.51/2016 by virtue of which the petition filed for dissolution of matrimonial relationship came to be rejected. During the pendency of the present appeal, the matter was referred for mediation. Memorandum of agreement under Section 89 of the Code of Civil Procedure has been entered into.

The terms of the settlement reads as under:

“1. That, the husband and wife agreed to resolve the dispute amicibally and they have agreed to live together with son Master. Bhargav and daughter Aadhya happily and the husband and wife have agreed to take care of each other and look after each other with Love and Affection.

2. Both the parties have agreed to withdraw the MFA No.102497/2019 filed by husband against wife. The above said appeal to be closed as settled between in respective parties.”

Both the parties upon query state that the settlement

arrived at and terms reflected in the settlement have been

3 - NC: 2025:KHC-D:11359-DB MFA No. 102497 of 2019

HC-KAR

agreed to by the both parties upon their own will and volition. It is further submitted that the memorandum of settlement and terms have been explained to them which has been agreed and reduced into writing. Taking note of the submission of both the parties who appeared through video conferencing that they are staying together, the agreement entered into may be accepted. Accordingly, the appeal is disposed off while recording the terms of settlement as reflected in the memorandum of agreement under Section 89 of CPC.

3. Decree to be drawn accordingly.

Sd/(S.SUNIL DUTT YADAV) JUDGE

Sd/(VIJAYKUMAR A.PATIL) JUDGE

RH /CT-AN List No.: 1 Sl No.: 6