Smt. Nayana P Shetty Vs Sri. Pradeep Shetty — Matrimonial and Divorce | Karnataka HC (2025)

Smt. Nayana P Shetty Vs Sri. Pradeep Shetty — Matrimonial and Divorce | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Appeal allowed; order dated 21.06.2023 in M.C.No.266/2014 (Principal Judge, Family Court, D.K., Mangaluru) set aside; petition in M.C.No.266/2014 allowed in terms of the compromise petition under Order XXIII Rule 3 of CPC read with Section 13B of the Hindu Marriage Act, 1955; marriage solemnized on 31.10.2001 dissolved by mutual consent; decree directed to be drawn.

Issue for consideration

Whether the appeal should be allowed by recording the joint compromise petition of the parties under Order XXIII Rule 3 of CPC read with Section 13B of the Hindu Marriage Act, 1955, resulting in dissolution of the marriage by mutual consent.

Ratio / Principle

The Court was satisfied that the compromise petition jointly filed and admitted by both parties was a voluntary one and admissible in law, and therefore recorded the compromise.

Key takeaways

The order dated 21.06.2023 passed in M.C.No.266/2014 by the Principal Judge, Family Court, D.K., Mangaluru was set aside.ratio¶¶30
The petition in M.C.No.266/2014 was allowed in terms of the compromise petition, and the marriage of the appellant and respondent solemnized on 31.10.2001 at Shesha Shayana Hall, Kidiyooru, Udupi stands dissolved by mutual consent, with a decree to be drawn accordingly.ratio¶¶31

Detailed headnote1 paragraphs

High Court of Karnataka, Bengaluru (Division Bench: K.S. Mudagal and C.M. Poonacha, JJ.; oral judgment per C.M. Poonacha J.), MFA No.6329/2023 (FC), decided 24.01.2025 — Mutual-consent dissolution during a contested-divorce appeal. The wife's Miscellaneous First Appeal under S.19(1) of the Family Court Act challenged the Family Court, Dakshina Kannada, Mangaluru's judgment and decree dated 21.06.2023 in M.C.No.266/2014 dismissing her divorce petition under S.13(1)(ia) of the Hindu Marriage Act, 1955. On the date of hearing both parties, duly identified and represented, filed a compromise petition under Order XXIII Rule 3 of CPC read with S.13B of the Hindu Marriage Act, 1955, admitting its voluntary execution. The Court found the compromise voluntary and admissible in law, recorded it, allowed the appeal, set aside the 21.06.2023 order, allowed M.C.No.266/2014 in terms of the compromise, dissolved the marriage solemnized on 31.10.2001 at Shesha Shayana Hall, Kidiyooru, Udupi by mutual consent, and directed a decree to be drawn. Background noted in the judgment: the wife is a PhD holder working as Assistant Professor in an engineering college; the husband is gainfully employed; custody of the two children (daughter born 19.08.2002, a major, and son born 23.04.2007, then aged 17 years 9 months) rests with the mother, the father claiming no custody.

1 - NC: 2025:KHC:3299-DB MFA No.6329/2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^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.6329/2023 (FC)

BETWEEN:

SMT.NAYANA P SHETTY AGED ABOUT 47 YEARS W/O PRADEEP SHETTY R/AT FLAT NO.501 ORCHID PARK APARTMENT BEHIND CITY CORPORATION LALBAGH MANGALURU – 575 003 …APPELLANT

(BY SRI.SHANKARANARAYANA BHAT N, ADVOCATE)

AND:

SRI.PRADEEP SHETTY AGED ABOUT 62 YEARS S/O LATE RAJU SHETTY R/AT “SEETHA NIVASA” PADUBETTU, PADUBIDARI UDUPI DISTRICT – 575 111 …RESPONDENT

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

(BY SRI.PONNANNA M B, ADVOCATE FOR SRI.RAHUL CARIYAPPA K.S., ADVOCATE)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 21.06.2023 PASSED IN M.C.NO.266/2014 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, DAKSHINA KANNADA, MANGALURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL AND HON'BLE MR JUSTICE C.M. POONACHA

2 -

NC: 2025:KHC:3299-DB MFA No.6329/2023

ORAL JUDGMENT

(PER: HON'BLE MR JUSTICE C.M. POONACHA)

Both parties and their respective counsel are present. The parties are duly identified by their respective Counsel.

Both parties have filed compromise petition under

Order XXIII Rule 3 of CPC read with Section 13B of Hindu Marriage Act, 1955. Compromise petition has been signed by both the parties and their respective Counsel.

Heard the parties on the compromise petition.

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

It is agreed between the parties under the compromise that they have amicably resolved the matter and agreed for dissolution of their marriage. It is further stated that appellant-wife has done PHD and is working as Assistant Professor in Engineering college. Respondent-husband is also gainfully employed. The parties have two children, a daughter born on 19.08.2002 and son born on 23.04.2007 from their marriage. The daughter is major and son is aged 17 years 9 months. It is stated that the children are in the custody of appellant-wife and respondent-father is not claiming custody.

3 - NC: 2025:KHC:3299-DB MFA No.6329/2023

Satisfied that the compromise is a voluntary one

and admissible in law. Therefore, the compromise is recorded. Hence the following:

ORDER

(i) The appeal is allowed.

(ii) The order dated 21.06.2023 in M.C.No.266/2014

passed by Principal Judge, Family Court, D.K., Mangaluru is hereby set aside.

(iii) Petition in M.C.No.266/2014 is allowed in terms of the compromise petition. The marriage of the appellant and respondent solemnized on 31.10.2001 at Shesha Shayana Hall, Kidiyooru, Udupi is hereby dissolved by mutual consent.

(iv) Draw decree accordingly.

Sd/(K.S.MUDAGAL) JUDGE

Sd/(C.M. POONACHA) JUDGE

PKN

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