Disposed¶45

Sri. Raghavendra. N v. Smt. Anuradha. C. v.

Karnataka HC23 Jul 2025MFA/3490/2023

Case brief

AI extract

What is this about?

NC: 2025:KHC:27919-DB; Karnataka HC Bengaluru, MFA No. 3490 of 2023 (FC); Raghavendra N v Anuradha C.V.; mutual consent divorce under S.13B Hindu Marriage Act; dissolution of marriage solemnized 15.05.2000; gift deed of house No.2074, II Stage, Srirampura, Mysuru to wife and son Master Tushar R Vasishta; withdrawal of maintenance petition C.Misc.102/2021; appeal against dismissal of S.13(1)(ia) petition in MC No.461/2021, Family Court Mysuru; coram D K Singh and B M Shyam Prasad; decided 23-07-2025.

What did the court decide?

Marriage dissolved by mutual consent under Section 13B; appellant to transfer the Subject Property (house No.2074, II Stage, Srirampura, Mysuru) to the respondent and her son Master Tushar R Vasishta at his cost; office directed to draw the decree accordingly ¶45

Sri. Raghavendra. N Vs Smt. Anuradha. C. v. — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶45

Issue for consideration

Whether the marriage between the appellant and the respondent should be dissolved by mutual consent under Section 13B of the HM Act on the parties' joint application made during the pendency of the appeal +1 more

¶26

Court's answer

The appeal is disposed of, dissolving the marriage between the appellant and the respondent solemnized on 15.05.2000 at Manjunatha Kalyana Mantapa, Vidyanagara, Tumakuru

¶45

Ratio / Principle

The appellant is directed to transfer the Subject Property (house bearing No.2074, II Stage, Srirampura, Mysuru) in favour of the respondent and her son, Master Tushar R Vasishta, at his cost

¶45

Key takeaways

If the appellant defaults in completing the transfer as stipulated, the respondent will be at liberty to seek execution and registration of the gift deed at the appellant's cost in execution of this Court's decreeratio¶40

Detailed headnote1 paragraphs

MFA (FC) by the husband against dismissal of his divorce petition under S.13(1)(ia), Hindu Marriage Act, in MC No.461/2021 (I Additional Principal Judge, Family Court, Mysuru; judgment and decree dated 31.10.2022). During the appeal the parties applied under S.13B for dissolution by mutual consent, on terms that the respondent would withdraw her maintenance petition C.Misc.102/2021 (V Additional Civil Judge and JMFC, Mysuru) and the appellant would execute a gift deed of house No.2074, II Stage, Srirampura, Mysuru jointly in favour of the respondent and their son Master Tushar R Vasishta within one month. Held: appeal disposed of dissolving the marriage solemnized on 15.05.2000 at Manjunatha Kalyana Mantapa, Vidyanagara, Tumakuru, directing transfer of the Subject Property at the appellant's cost, with liberty to the respondent to seek execution and registration of the gift deed at the appellant's cost in execution of the decree on default. Bench: D K Singh and B M Shyam Prasad (judgment per B M Shyam Prasad); decided 23.07.2025.

¶1

1 - NC: 2025:KHC:27919-DB MFA No. 3490 of 2023

¶2

HC-KAR

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 23^RD DAY OF JULY, 2025

¶5

PRESENT

¶6

THE HON'BLE MR. JUSTICE D K SINGH

¶7

AND

¶8

THE HON'BLE MR. JUSTICE B M SHYAM PRASAD MISCELLANEOUS FIRST APPEAL NO. 3490 OF 2023 (FC)

¶9

BETWEEN:

¶10

SRI. RAGHAVENDRA. N S/O A NARAYANA MURTHY AGED ABOUT 51 YEARS, CHIEF SAFETY OFFICER SAFETY DEPARTMENT, C S O CENTRAL WORKSHOP SOUTH WESTERN RAILWAY MYSURU-570001.

¶11

…APPELLANT

¶12

(BY SRI. RUDRAPPA P.,ADVOCATE)

¶13

Digitally signed by VANAMALA N Location: High Court of Karnataka

¶14

AND:

¶15

SMT. ANURADHA. C. V. W/O RAGHAVENDRA N D/O VENKATESH C R AGED ABOUT 44 YEARS, R/AT NO.2074, 6^TH CROSS, SHRIRAMPURA 2^ND STAGE, MYSURU-570023.

¶16

…RESPONDENT

¶17

(BY SRI. HAREESH KUMAR NT.,ADVOCATE)

¶18

2 - NC: 2025:KHC:27919-DB MFA No. 3490 of 2023

¶19

HC-KAR

¶20

THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 31.10.2022 PASSED IN M.C.NO. 461/2021 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, MYSURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1) (ia) OF THE HINDU MARRIAGE ACT.

¶21

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

¶22

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE B M SHYAM PRASAD

¶23

ORAL JUDGMENT

¶24

(PER: HON'BLE MR. JUSTICE B M SHYAM PRASAD)

¶25

This appeal is by the petitioner [ the

¶26

respondent’s husband ] who is unsuccessful in his petition in MC No.461/2021 on the file of the I Additional Principal Judge, Family Court, Mysuru under Section 13[1][ia] of the Hindu Marriage Act, 1955 [for short, the 'HM Act ']. Presently, the parties have applied under Section13B of the HM Act seeking dissolution of marriage by mutual consent.

¶27

3 - NC: 2025:KHC:27919-DB MFA No. 3490 of 2023

¶28

HC-KAR

¶29

2. In the application under Section 13B

¶30

of the HM Act, the appellant is mentioned as the first petitioner and the respondent is mentioned as the second petitioner, and the second petitioner has undertaken to withdraw the proceedings in C.Misc.102/2021 on the file of the V Additional Civil Judge and JMFC, Mysuru. The term in this regard at Para-6 of the application reads as under:

¶31

"The Petitioners submit that the petitioner

¶32

No.2 has filed the petition in C.Misc.102/2021 before the V Additional Civil Judge and JMFC at Mysuru for maintenance. The petitioner No.2 undertakes to withdraw the petition in C. Misc. 102/2021."

¶33

The appellant has agreed to transfer

¶34

the residential property bearing No.2074, II Stage, Srirampura, Mysuru [the Subject Property], in favour of the respondent, and in fact, the terms in this regard read as under:

¶35

¶36

NC: 2025:KHC:27919-DB MFA No. 3490 of 2023

¶37

HC-KAR

¶38

"7. The Petitioners submit that, the petitioner No.1 is having self-acquired immovable property i.e., house bearing No.2074, 2^nd Stage, Srirampura, Mysuru, constructed by the petitioner No.1 in a site measuring 20 x 30 Fts. consisting of Ground Floor having one Hall, Kitchen/Dining hall, Pooja Room, Bath Room, Toilet and First Floor having 2 bed rooms and a balcony. The 1^st petitioner undertake to execute the gift deed of the said property jointly in the name of the 2^nd petitioner and their son Tushar R, Vasishta, within one month from the date of receipt of copy of order of this Hon'ble Court."

¶39

4. The appellant and the respondent,

¶40

who are identified by their respective counsels, acknowledge that they have agreed to the terms as aforesaid, and in fact when queried, the parties state in unison that if the appellant defaults in completing the transfer as stipulated afore, the respondent will be at liberty to seek execution and registration of the gift deed at the appellant's cost in execution of this Court's decree. In light of the afore, the following:

¶41

¶42

NC: 2025:KHC:27919-DB MFA No. 3490 of 2023

¶43

HC-KAR

¶44

ORDER

¶45

[A] The appeal is disposed of dissolving the marriage between the appellant and the respondent solemnized on 15.05.2000 at Manjunatha Kalyana Mantapa, Vidyanagara, Tumakuru directing the appellant to transfer the subject property in favour of the respondent and her son, Master

¶46

Tushar R Vasishta, at his cost.

¶47

[B] The office is directed to draw the decree accordingly.

¶48

Sd/(D K SINGH) JUDGE

¶49

Sd/(B M SHYAM PRASAD) JUDGE

¶50

Sri. Raghavendra. N v. Smt. Anuradha. C. v.

Case brief

What is this about?

What did the court decide?

Sri. Raghavendra. N v. Smt. Anuradha. C. v.

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

Coram

Case details

Similar cases

Chidanandamurthy @ Chidananda Vs Manjunatha Maruthi Bevooru

Sri Thimmarayappa Vs the Managing Director

Divisional Controller, Vs Kempachari

The Divisional Controller Vs Hanumanthegowda

Sri. Krishna Murthy Vs Sri. Adarsh @ Adarsh B. Hampole

Smt. Sarojamma Vs the Managing Director