Disposed¶48

Anuradha v. D Srinivas

Karnataka HC6 Jun 2025MFA/201490/2025

Case brief

AI extract

What is this about?

Anuradha v. D. Srinivas; Karnataka HC (Kalaburagi Bench), MFA No. 201490 of 2025 (FC), 06.06.2025; appeal under S.19(1) Family Courts Act, 1984 against mutual-consent divorce decree dated 16.02.2021 in M.C.No.16/2021 (S.13-B, Hindu Marriage Act, 1955); joint compromise petition under Order 23 Rule 3 r/w S.151 CPC recording reconciliation and agreement to live together at Bellari; divorce judgment and decree set aside; appeal disposed of in terms of compromise; Registry to draw decree.

What did the court decide?

Judgment and decree dated 16.02.2021 in M.C.No.16/2021 (Family Court, Kalaburagi) set aside; appeal disposed of in terms of the joint compromise petition; Registry directed to draw decree accordingly. ¶48

Anuradha Vs D Srinivas — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the judgment and decree dated 16.02.2021 passed in M.C.No.16/2021 by the Family Court, Kalaburagi dissolving the marriage by mutual consent should be set aside in view of the parties' subsequent reconciliation and joint compromise petition seeking to resume married life.

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Court's answer

Being satisfied that in matrimonial matters compromise and reconciliation are to be encouraged, the Court accepted the joint compromise petition and took it on record; the compromise petition forms part and parcel of the order.

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Ratio / Principle

In light of the compromise, the judgment and decree dated 16.02.2021 passed in M.C.No.16/2021 on the file of the Family Court, Kalaburagi is set aside and the appeal stands disposed of in terms of the compromise petition; Registry directed to draw decree accordingly.

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Detailed headnote1 paragraphs

MFA No. 201490 of 2025 (FC) — High Court of Karnataka, Kalaburagi Bench (Mohammad Nawaz and K S Hemalekha JJ.; oral judgment per K S Hemalekha J.), decided 06.06.2025: Miscellaneous first appeal under S.19(1), Family Courts Act, 1984 by the wife challenging the judgment and decree dated 16.02.2021 of the Principal Judge, Family Court, Kalaburagi in M.C.No.16/2021, whereby the marriage stood dissolved by mutual consent under S.13-B, Hindu Marriage Act, 1955. On the appeal coming up for orders, the parties appeared with counsel and filed a joint compromise petition under Order 23 Rule 3 read with Section 151 of CPC, stating that through the intervention of family members and well-wishers their misunderstanding had been resolved, they had decided to live together, and the respondent would arrange their residence at Bellari. Holding that in matrimonial matters compromise and reconciliation are to be encouraged, the Court accepted the compromise, took it on record as part and parcel of the order, set aside the judgment and decree dated 16.02.2021, and disposed of the appeal in terms of the compromise petition; Registry to draw decree accordingly.

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1 - NC: 2025:KHC-K:2896-DB MFA No. 201490 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 6^TH DAY OF JUNE, 2025

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PRESENT

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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AND

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THE HON'BLE Mrs JUSTICE K S HEMALEKHA MISCL. FIRST APPEAL NO.201490 OF 2025 (FC)

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BETWEEN:

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SMT. ANURADHA W/O D. SRINIVAS, AGE: 38 YEARS, OCC: GOVT. SERVANT, R/O C/O VENKAPPA RETD. TEACHER, H NO.1-891/30/4A, NGO’S COLONY, JEWARGI ROAD, KALABURAGI.

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…APPELLANT

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(BY SMT. HEMA L. KULKARNI, ADVOCATE)

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AND:

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Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA

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D. SRINIVAS S/O LATE HANMANTHRAO KULKARNI, AGE: 49 YEARS, OCC: TEACHER, R/O NEAR KANDGAL MAJEED, GANGAVATI, TQ: GANGAVATI, DIST: RAICHUR-584101.

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…RESPONDENT

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(BY SRI. MALHARARAO, ADVOCATE)

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THIS MFA IS FILED U/SEC. 19(1) OF FAMILY COURTS ACT, 1984, PRAYING TO CALL FOR RECORDS IN M.C.NO. 16/2021 ON THE FILE OF LEARNED PRINCIPAL JUDGE, FAMILY

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2 - NC: 2025:KHC-K:2896-DB MFA No. 201490 of 2025

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HC-KAR

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COURT, KALABURAGI, AND FURTHER BE PLEASED TO ALLOW THE APPEAL BY SETTING ASIDE THE JUDGMENT DATED 16.02.2021 PASSED BY THE LEARNED PRINCIPAL JUDGE FAMILY COURT KALABURAGI IN M.C.NO.16/2021, 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:

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND

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HON'BLE Mrs JUSTICE K S HEMALEKHA

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ORAL JUDGMENT

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(PER: HON'BLE Mrs JUSTICE K S HEMALEKHA)

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The appellant – wife and respondent – husband are present before the Court along with their respective counsel. A joint compromise petition is filed under Order 23 Rule 3 read with Section 151 of CPC by both the parties, duly signed by them and their respective counsels.

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The terms of the compromise petition is culled out as under:

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“2. It is submitted that, due to misunderstanding between the petitioner and respondent, the parties to the appeal agreed for

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3 - NC: 2025:KHC-K:2896-DB MFA No. 201490 of 2025

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HC-KAR

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divorce by mutual consent. Therefore the appellant and respondent had filed petition U/Sec. 13-B of Hindu Marriage Act, 1955. After hearing both the parties, the learned Principal Judge Family Court Kalaburagi in MC.No.16/2021, allowed the petition filed by the appellant and respondent by the order dated 16.02.2021. and the marriage between the parties to the appeal came to be dissolved.

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It is submitted that, Recently due to the intervention of family members and well wishers, both the appellant and respondent have resolved dispute among themselves, now misunderstanding between the parties has been resolved and have realized their mistakes and have decided to live together, therefore a hope has sprung among themselves for the happy reunion, but the judgment is coming in the way for leading happy married life in the society. Therefore the appellant is before this Hon’ble Court to setting aside the impugned judgment under challenge in order to lead the marital life together.

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It is agreed between the parties that, the respondent shall make an arrangement for their residence at Bellari and would continue to live together as husband and wife at Bellari residence.

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4 - NC: 2025:KHC-K:2896-DB MFA No. 201490 of 2025

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HC-KAR

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That the parties have voluntarily and of their own free will entered into this compromise without any coercion, undue influence, or pressure from any quarter.”

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Appellant and respondent are duly identified by their respective counsels.

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It is submitted that the decree of divorce

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granted by mutual consent vide order dated 16.02.2021 by the Family Court, Kalaburagi in MC.No.16/2021 was obtained at a time when the relationship between the parties had strained, but subsequent to that, due to mutual understanding and willingness, the parties have resolved all their dispute amicably.

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Being satisfied that, in matrimonial matters,

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compromise and reconciliation are to be encouraged, we accept the compromise and take it on record. The compromise petition shall form part and parcel of the order.

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NC: 2025:KHC-K:2896-DB MFA No. 201490 of 2025

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HC-KAR

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6. In light of the compromise, the judgment and

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decree dated 16.02.2021 passed in M.C.No.16/2021 on the file of the Family Court, Kalaburagi, is hereby set aside and the present appeal stands disposed of in terms of the

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compromise petition.

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Registry to draw decree, accordingly.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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Sd/(K S HEMALEKHA) JUDGE

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MCR

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List No.: 2 Sl No.: 1 CT:NI

Anuradha v. D Srinivas

Case brief

What is this about?

What did the court decide?

Anuradha v. D Srinivas

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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