Smt. Kavyashree N Vs Sri Manjunath M R

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NC: 2025:KHC:3574-DB MFA No.7697/2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF JANUARY, 2025 PRESENT

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THE HON'BLE MRS JUSTICE K.S.MUDAGAL

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AND

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THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.7697/2024 (FC)

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BETWEEN:

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SMT.KAVYASHREE N D/O NAGARAJA W/O MANJUNATH M R AGED ABOUT 25 YEARS R/O C/O MUNIKRISHNAPPA M S/O MUNIVENKATAPPA NO.3213, 4^TH MAIN, 6^TH CROSS NEAR MOBILE TOWER P.C.EXTENSION, KOLAR - 563 101 ... APPELLANT

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(BY SRI.SAMPATH A, ADVOCATE)

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AND:

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

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SRI MANJUNATH M R S/O.RAJAPPA.D AGED ABOUT 27 YEARS R/O.MANJUNATHA NILAYA WARD NO.09 MARUTHI EXTENSION MALUR TOWN-563 130 …RESPONDENT

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(BY SRI.ANKUSH S, ADVOCATE)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 02.09.2024 PASSED IN M.C.NO.42/2024 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, KOLAR, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(1a) OF THE HINDU MARRIAGE ACT,1955.

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NC: 2025:KHC:3574-DB MFA No.7697/2024

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

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CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL AND

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HON'BLE MR JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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

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Learned Counsel for appellant submits memo along with copy of bank statement of appellant maintained in Indian Overseas Bank, Maluru Branch and submits that cheque for Rs.3,00,000/- is realized.

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Both Counsel submit that in view of realization of cheque, appeal may be allowed in terms of the compromise recorded on 17.01.2025.

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Questioning dismissal of her petition for divorce under Section 13(1)(ia) of Hindu Marriage Act,1955, wife has preferred the above appeal.

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During the pendency of this case, parties entered into compromise and filed compromise petition on 17.01.2025. Parties admitted the execution of compromise petition and the terms of the same. Recording of the compromise was deferred only for confirmation of realization of cheque for Rs.3,00,000/-

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NC: 2025:KHC:3574-DB MFA No.7697/2024

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issued by respondent to settle claim of appellant towards permanent alimony. As reported, the amount is realized. Compromise petition reads as follows:

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COMPROMISE PETITION UNDER ORDER 23 RULE 3 OF CODE CIVIL PROCEDURE R/W SEC.13-B OF HINDU MARRIAGE ACT, 1955:-

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The Appellant/ Kavyashree, filed a petition in M C No.42/2024 under Section 13(1)(i) &(ia) of the Hindu Marriage Act, 1955 seeking dissolution of her marriage with Respondent/ Manjunath M.R solemnized on 06-05-2022 at “Sri Kashi Vishwanath Temple”Koraluru Road, Kadugudi, Bengaluru at the behest of well-wishers, parents and family members., before the Prl.Judge, Family Court, Kolar.

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The Hon’ble Family Court at Kolar, after considering the above case in MC No.42/2024 on merits, passed the following order as under:-

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“The petition filed by the petitioner under Sec.13(1)(i) and (ia) of Hindu Marriage Act is hereby dismissed.”

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Appellant being aggrieved by the above said order dated: 02.09.2024, passed in MC No.42/2024, by the Prl.Judge, Family Court, Kolar, has filed this appeal.

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The parties to the above case have arrived at the Settlement/Compromise out of their free will & volition, without any threat, coercion & undue

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NC: 2025:KHC:3574-DB MFA No.7697/2024

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influence, at the intervention of elders & wellwishers of the family, as under:-

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a. The Appellant/Kavyashree & Respondent/ Manjunath M.R have mutually agreed to get their marriage dated on 06.05.2022 at “Sri Kashi Vishwanath Temple”Koraluru Road, Kadugudi, Bengaluru dissolved by way of divorce decree.

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b. The Respondent/Manjunath M.R has paid an amount of Rs.3,00,000/-(Rupees Three Lakhs Only) through cheque bearing No.000010 dated 20.12.2024 drawn on HDFC Banck to appellant/ Kavyashree, as permanent alimony as per Section 25 of the Hindu Marriage Act, 1955. Appellant accepts receipt of Rs.3,00,000/- and confirms that she has no claims of whatsoever against the respondent.

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c. In view of the above settlement arrived by the parties i.e., appellant/ Kavyashree & respondent/Manjunath, parties confirms that they have no claim of any nature, either jewellery, money, movable or immovable against each other, whatsoever in future.

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In view of the above compromise, both the Appellant/Kavyashree & the respondent/Manjunath, jointly pray that this Hon’ble Court be pleased pass

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5 - NC: 2025:KHC:3574-DB MFA No.7697/2024

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a decree of divorce, dissolving the marriage of Appellant/Kavyashree & Respondent/Manjunath solemnized on 06.05.2022 at “Shri Kashi Vishwanath Temple” Koraluru road, Kadugudi, Bengaluru, so as to meet the ends of justice and equity.

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Satisfied that the compromise is voluntary one and

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admissible in law. Therefore, appeal deserves to be allowed in terms of the compromise petition. Hence the following:

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ORDER

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The appeal is allowed.

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(i) The impugned judgment and order in M.C.No.42/2024 dated 02.09.2024 passed by the Principal Judge, Family Court, Kolar under Sections 13(1)(ia) of Hindu Marriage Act,1955 is hereby set aside.

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(ii) Petition in M.C.No.42/2024 is allowed in terms of the compromise petition.

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(iii) The marriage of the appellant and respondent solemnized on 06.05.2022 at Sri Kashi Vishwanath Temple, Koraluru Road, Kadugodi, Bengaluru and registered in No.MLRHM46-2022-23, CD No.MLRM7 dated 20.05.2022 is hereby dissolved.

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