Mr Prerak Naveen D Sa Vs Mrs Prawal Sally Marri Tauro

MRS. PRAWAL SALLY MARRI TAURO D/O LEO TAURO AND SYLVA TAURO W/O MR. PRERAK NAVEEN D’SA AGED ABOUT 39 YEARS, R/AT LIESSILL, OPP. HOLY FAMILY SCHOOL, KURUPPUR ROAD, BAJPE POST, MANGALURU - 574 142

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…RESPONDENT (BY SRI. RAKESH KINI, ADV. FOR CAV/RESPONDENT)

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2 - NC: 2025:KHC:47403-DB MFA No. 1597 of 2025 C/W MFA No. 3711 of 2025 MFA No. 5019 of 2025

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HC-KAR

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THIS MFA IS FILED U/S.55 OF INDIAN DIVORCE ACT, AGAINST THE JUDGMENT AND DECREE DT.30.01.2025 PASSED IN MC NO.511/2023 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, D.K, MANGALURU, ALLOWING THE PETITION FILED U/S.10(1)(ix)(x) OF THE DIVORCE ACT.

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IN MFA NO. 3711/2025

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BETWEEN:

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MRS. PREWAL SALLY MARRIE TAURO D/O LEO TAURO AND SYLVA TAURO, W/O. PRERAK NAVEEN D’SA AGED ABOUT 39 YEARS, R/AT LEESILL OPP. HOLY FAMILY SCHOOL, GURUPUR ROAD, BAJPE POST, MANGALURU-574142.

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...APPELLANT

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(BY SRI. RAKESH KINI, ADVOCATE)

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AND:

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MR. PRERAK NAVEENA D’SA S/O FRANCIS D’SA AND LEENA D’SILVA, AGED ABOUT 40 YEARS, R/AT #3-44, SHALOM, BELLA, MOODUBELLA, UDUPI DISTRICT-576120.

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...RESPONDENT

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THIS MFA IS FILED U/S.55 OF INDIAN DIVORCE ACT, AGAINST THE JUDGMENT AND DECREE DT. 30.01.2025 PASSED IN MC NO.511/2023 ON THE FILE OF THE PRL. JUDGE FAMILY COURT, D.K.MANGALURU, ALLOWING THE PETITION FILED U/S.10(1)(ix)(x) OF DIVORCE ACT, 1869.

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NC: 2025:KHC:47403-DB MFA No. 1597 of 2025 C/W MFA No. 3711 of 2025 MFA No. 5019 of 2025

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3 -

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HC-KAR

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IN MFA NO. 5019/2025

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BETWEEN:

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MR. PRERAK NAVEEN D’SA S/O FRANCIS D’SA AND LEENA D’SILVA, AGED ABOUT 40 YEARS, R/AT NO.3-44, SHALOM BELLE, MOODUBELLE, UDUPI DISTRICT - 576120

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...APPELLANT

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(BY SRI. ASHWIN JOYSTON KUTINHA, ADVOCATE)

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AND:

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MRS. PRAWAL SALLY MARRI TAURO D/O LEO TAURO AND SYLVIA TAURO, W/O MR. PRERAK NAVEEN D’SA, AGED ABOUT 39 YEARS, R/AT LIESSILL, OPPOSITE HOLY FAMILY SCHOOL, KURUPPUR ROAD, BAJPE POST MANGALURU - 574142

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...RESPONDENT

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THIS MFA IS FILED U/S.55 OF INDIAN DIVORCE ACT, AGAINST THE JUDGMENT AND DECREE DT.30.01.2025 PASSED IN MC NO.511/2023 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, D.K.MANGALURU, ALLOWING THE PETITION FILED U/S.10(1)(ix)(x) OF THE DIVORCE ACT, 1869.

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

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CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE K. V. ARAVIND

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HC-KAR

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ORAL JUDGMENT

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

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M.F.A. No.1597/2025 was filed seeking to set aside the judgment and decree passed by the Principal Judge, Family Court, Dakshina Kannada, Mangaluru in M.C.No.511/2023 on 30.01.2025 to the extent of allowing the petition filed under Section 10(1)(ix)(x) of the Divorce Act, 1869 and to allow the appeal.

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M.F.A. No.5019/2025 was filed seeking to set aside the judgment and decree dated 30.01.2025 passed by the Principal Judge, Family Court, Dakshina Kannada, Mangaluru in M.C.No.511/2023 dismissing the counterclaim filed by the appellant under Section 32 of the Divorce Act, 1869 and for grant of restitution of conjugal rights.

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M.F.A. No.3711/2025 was filed seeking to set aside that part of the judgment and decree dated 30.01.2025 passed in MC No.511/2023 on the file of the Principal Judge, Family Court, Dakshina Kannada, Mangaluru granting permanent alimony of Rs.40,00,000/- and to set aside the visitation and communication rights as ordered in the impugned judgment.

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HC-KAR

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Pursuant to the orders passed by this Court, the parties were referred for mediation to the Karnataka Mediation Centre and a settlement that was entered into between the parties on 27.09.2025, has been reported.

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By means of the aforesaid settlement, an amount of Rs.20,00,000/- has been agreed to be paid by way of Fixed Deposit in the name of their child Ms. Neva Ruth Dsa within six months from the date of signing of the agreement, i.e. by 31.03.2026. An amount of Rs.10,00,000/- that was already deposited by the appellant in this Court, the respondent would withdraw the same and utilize the said amount for the maintenance of their minor daughter. In return of certain items of jewelry, a sum of Rs.6,00,000/- was required to be paid by the appellant to the respondent. It is stated that the amount of Rs.6,00,000/- has been paid by way of Bank Draft to the respondent and the respondent has returned the items of jewelry to the appellant today itself.

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In view of the aforesaid settlement, nothing further

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survives between the parties as the terms of the same being elaborately recorded.

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HC-KAR

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Accordingly, the decree of divorce passed by the Family Court is confirmed. The terms of the agreement are mandated to be complied with by the parties. It is noted that the respondent has given up her claim to permanent alimony in terms of the aforesaid agreement. No other dispute or claim would remain on compliance of the terms of the aforesaid agreement.

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