Mr K T Vinesh Vs Mrs Vasudha

MR. K. T. VINESH S/O LATE K. THAMANNA SETTY AGED ABOUT 53 YEARS R/AT NO.239, IV BLOCK WEST OF CHORD ROAD III STAGE, BASAVESHWARANAGAR, BANGALORE - 560 079

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…PETITIONER

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(BY SRI. SIDDHARTH B. MUCHANDI., ADVOCATE)

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AND:

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Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

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MRS. VASUDHA W/O K.T.VINESH D/O T. RAJANNA AGED ABOUT 45 YEARS, R/AT HONNAGANGADHARESHWARA NILAYA, NEAR VENKATESHWARA TEMPLE SHANTHINAGARA TUMKURU - 572 226.

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…RESPONDENT

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(BY SRI. RAMANANDA M.D., ADVOCATE)

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HC-KAR

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THIS REVIEW RETITION IS FILED UNDER ORDER XLVII RULE 1 OF CPC, 1908, PRAYING TO REVIEW THE ORDER DATED 21.02.2023 PASSED IN M.F.A.NO.6529/2014 PASSED BY THIS COURT, IN THE INTEREST OF JUSTICE.

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

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

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This review petition is filed seeking review of the

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order dated 21.02.2023 passed in M.F.A.No.6529/2014.

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The learned counsel appearing for the review petitioner and the learned counsel appearing for the respondent submit that the order under review was assailed before the Hon'ble Supreme Court of India in SLP(C) No.11852/2023. The Hon'ble Supreme Court of

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India vide Order dated 03.07.2023, permitted the petitioner to withdraw the said Special Leave Petition with liberty to approach the High Court by means of a Review

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HC-KAR

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Petition. Pursuant to the said liberty, Review Petition has

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been filed before this Court.

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The Review Petition was listed before the Court on 31.10.2025. After interacting with the Counsel and the Parties, the Court suggested for exploring the possibility of settlement. On 17.11.2025, the parties, after a detailed deliberations, agreed in principal for settlement.

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The appellant and the respondent have filed application under Section 13B(2) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') seeking for waiver of cooling off period of six months. They have also filed an application under Section 13B of the Act, seeking prayer for Dissolution of Marriage dated 26.08.2007 solemnised at Veerashaiva Kalyana Mantapa, Tumkuru by mutual consent based on the terms of the application.

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We have heard the learned counsel appearing

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for the review petitioner, the learned counsel appearing for the respondent and the parties present before the Court.

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HC-KAR

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It is stated that the parties have arrived at the

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settlement and wanted to resolve the dispute on terms as referred in the application filed under Section 13B of the Act. Hence, they have filed an application seeking Dissolution of Marriage.

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Considering the nature of dispute and the averments made in the affidavit accompanying the application, we waive off the cooling period of six months. We have perused the application filed under Section 13B of the Act. The relevant paragraphs No.4 to 13 in the application filed under Section 13B of the Act, reads as under:-

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"4. The petitioner and the respondent have now mutually agreed as follows:

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a. Permanent Alimony: The petitioner

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undertakes to pay a sum of Rs.30,00,000/(Rupees thirty lakh only) to the respondent towards Permanent Alimony and as full and final settlement amount which the respondent has accepted. The said amount of Rs.30,00,000/- (Rupees thirty lakh only) is being paid in the following manner:

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HC-KAR

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i. an amount of Rs.20,00,000/- (Rupees twenty lakh only) has to be paid by the petitioner to the respondent today i.e., 28/11/2025 by way of Demand Draft bearing no.003486, issued by Bank of India, Basaveshwar Nagar Branch, Bangalore in the name of the respondent viz., Vasudha R. which the respondent has this day received and acknowledged in the receipt and

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ii. the balance amount of Rs.10,00,000/(Rupees ten lakh only) shall be paid by the petitioner to the respondent within two months i.e., on or before 28/1/2026. The petitioner undertakes not to commit any default of payment.

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5. Both the petitioner and the respondent have resolved all their disputes between them and there are no complaints or disputes against each other before any court or authority and all allegations are made by each other before any court or forum are hereby unconditionally withdrawn.

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6. The respondent undertakes to withdraw the petition filed by her in MC.No.2928/2019 before the Hon'ble IV Addl. Principal Judge, Family Court at Bangalore for a restitution of conjugal rights under Section 9 of the Hindu Marriage Act.

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HC-KAR

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7. The respondent undertakes to withdraw the appeal filed by her in Crl.A.no.60/2019 before this Hon'ble Court arising out of the criminal proceedings in CC.no.3774/2008 against the petitioner.

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8. There are no articles to be exchanged between the petitioner and the respondent. The petitioner and the respondent agree and undertake that neither of them shall have any claim for past, present and future maintenance, alimony against the other petitioner. There are no jointly owned properties of the petitioner and the respondent and whatever properties each of them independently hold or acquire either movable or immovable, shall be their self-acquired and absolute property. The petitioner and the respondent agree and undertake that neither of them will raise any claim or right qua any immovable or movable property (past, present or future) against the other party or against their family members whether self-acquired, ancestral or otherwise under any circumstances.

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9. The petitioner and the respondent undertake and will ensure that they, their family members, their relatives, friends and all the persons will not interfere with the lives and not contact the other party, their family members,

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HC-KAR

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their relatives, friends, in any manner and that they will not circulate or publish any information relating to other party or cause any harm to reputation in any manner, in the future.

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10.The petitioner and the respondent undertake to delete and destroy all WhatsApp conversations, SMS's, emails, photographs, videos, display pictures, profile pictures, status, which are stored either in the mobile phones, computers, pen-drives, storage devices, social media websites and any other website or electronic media or print media and they undertake not to use those messages, photos, videos, etc., for any purpose whatsoever.

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11.The petitioner and the respondent have filed the present petition out of their own free will and volition and there is no coercion, undue influence, threat or coercion.

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12.After marriage the petitioner and the respondent were living together as husband and wife at Bengaluru and hence this application is filed before this Hon'ble Court.

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13.The petitioner seek exemption from cooling-off period as prescribed under Section 13 (B) (2) of the Hindu Marriage Act."

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HC-KAR

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Having perused the terms of the application and

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after interacting with the parties present before the Court who state that they are aware about the clauses of the application, the application is prepared based on their instructions and the same is signed on their own volition, we are of the considered view that the interest of justice would be met if we allow the present review petition and dispose of the appeal by allowing M.C.No.2107/2010.

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