Smt R Pavithra Vs Sri Sathyanarayana Prasad H T — Matrimonial and Divorce | Karnataka HC (2025)

Smt R Pavithra Vs Sri Sathyanarayana Prasad H T — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed; impugned judgment and decree dated 24.01.2022 in M.C.No.25/2021 set aside; petition dismissed in view of compromise petition; decree to be drawn in terms of the compromise petition.

Issue for consideration

Whether the appeal against the decree of dissolution of marriage deserves to be allowed in view of the compromise petition filed by the parties.

Court's answer

On hearing the parties and counsel, the Court was satisfied that the parties had voluntarily entered into the compromise and accordingly recorded the compromise petition.

Ratio / Principle

The miscellaneous first appeal is allowed.

Key takeaways

The impugned judgment and decree dated 24.01.2022 in M.C.No.25/2021 passed by the Additional Senior Civil Judge & JMFC, Hunsur is set aside.ratio¶35
The petition in M.C.No.25/2021 is dismissed in view of the compromise petition, and a decree is to be drawn in terms of the compromise petition.ratio¶36

Detailed headnote1 paragraphs

Division Bench of the High Court of Karnataka (K.S. Mudagal and C.M. Poonacha, JJ., judgment per K.S. Mudagal, J.) allowed Miscellaneous First Appeal No.3234/2022 (MC) filed under Section 28(1) of the Hindu Marriage Act, 1955 against the judgment and decree dated 24.01.2022 in M.C.No.25/2021 passed by the Additional Senior Civil Judge & JMFC, Hunsur, whereby the marriage performed on 21.08.2008 stood dissolved under Section 13(1)(1b) of the Hindu Marriage Act, 1955 on the ground of desertion. During the hearing of the appeal the parties, at the intervention of elders, reconciled and submitted a compromise petition under Order XXIII Rule 3 of CPC, admitting its voluntary execution. The Court, satisfied that the parties had voluntarily entered into the compromise, recorded it, set aside the impugned judgment and decree, dismissed the petition in M.C.No.25/2021 in view of the compromise petition, and directed that a decree be drawn in terms of the compromise petition. (Background noted: the parties have a daughter, Utsavi, who had been living with the appellant/mother; no custody direction is recorded.)

1 - NC: 2025:KHC:1310-DB MFA No.3234/2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13^TH DAY OF JANUARY, 2025

PRESENT

THE HON'BLE MRS JUSTICE K.S.MUDAGAL

AND

THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.3234/2022 (MC)

BETWEEN:

SMT.R PAVITHRA W/O SRI SATHYANARAYANA PRASAD H T AGED ABOUT 40 YEARS R/AT NO.3705, 2^ND LANE POLICE QUARTERS OOTY ROAD, NANJANGUDU MYSURU DISTRICT – 571 301 …APPELLANT

(BY SRI PANCHAM R D, ADVOCATE)

AND:

Digitally signed by K S RENUKAMBA Location: High Court of Karnataka

SRI SATHYANARAYANA PRASAD H T S/O THIMMEGOWDA AGED ABOUT 50 YEARS R/AT HEBBALE VILLAGE SOMAWARPET TALUK KODAGU DISTRICT - 571 236 …RESPONDENT

(BY SRI RAMESH R, ADVOCATE)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 28(1) OF HINDU MARRIAGE ACT, 1955 PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 24.01.2022 PASSED IN MC NO.25/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, HUNSUR, WHEREIN MARRIAGE PERFORMED ON 21.08.2008 STANDS DISSOLVED UNDER SECTION 13(1)(1b) OF THE HINDU MARRIAGE ACT, 1955.

THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

2 -

NC: 2025:KHC:1310-DB MFA No.3234/2022

CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL AND HON'BLE MR JUSTICE C.M. POONACHA

ORAL JUDGMENT

(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL)

Appellant, respondent and their respective Counsel are present. Both parties are duly identified by their respective Counsel.

Parties submit compromise petition under Order

XXIII Rule 3 of CPC.

Heard parties on compromise petition. Parties admit

voluntary execution of the compromise petition and the terms of the same.

This appeal is preferred against the decree for dissolution of marriage passed by Additional Senior Civil Judge & JMFC, Hunsur in M.C.No.25/2021 under Section 13(1)(1b) of the Hindu Marriage Act, 1955 on the ground of desertion.

Parties submit that at the intervention of the elders

they have reconciled. The parties have a daughter by name Utsavi. So far she was living with appellant/mother. The parties have agreed to withdraw the allegations made against each

3 - NC: 2025:KHC:1310-DB MFA No.3234/2022

other. They submit that the impugned judgment and decree of dissolution of marriage be set aside.

On hearing the parties and the Counsel, satisfied that the parties have voluntarily entered into compromise. Recording the compromise petition, the Court passes the following:

ORDER

(i) The appeal is allowed.

(ii) The impugned judgment and decree dated 24.01.2022 in M.C.No.25/2021 passed by the Additional Senior Civil Judge & JMFC, Hunsur is hereby set aside.

(iii) The petition in M.C.No.25/2021 is dismissed in view

of compromise petition.

(iv) Draw decree in terms of the compromise petition.

Sd/(K.S.MUDAGAL) JUDGE

Sd/(C.M. POONACHA) JUDGE

KSR

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