NAGARADDI vs SHILPA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:10974-DB
MFA No. 201845 of 2023
CNR: KAHC030025682023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 7 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
MISCL. FIRST APPEAL NO. 201845 OF 2023 (FC)
BETWEEN:
NAGARADDI S/O MALLANNA BHAIREDDY,
AGE: 43 YEARS, OCC: PHYSICAL/CULTURAL
INSTRUCTOR,
R/O. GOVT. FIRST GRADE COLLEGE, JEWARGI,
TQ. JEWARGI, DIST. KALABURAGI.
…APPELLANT
(BY SMT. NEEVA M. CHIMKOD, ADVOCATE)
AND:
SMT. SHILPA W/O NAGREDDY BHAIREDDY,
AGE: 37 YEARS, OCC: PRIVATE WORK,
R/O. PLOT NO.87, “BHAVANI NILAYA”,
SHRISHAIL NAGAR, NEW MAKA LAYOUT,
KALABURAGI-585102.
…RESPONDENT
(BY SMT. ANITA M. REDDY, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
COURTS ACT, PRAYING TO ALLOW THE APPEAL BY SETTING
ASIDE JUDGMENT AND DECREE DATED 19.01.2023 PASSED IN
MC NO.24/2020 BY THE LEARNED PRL. JUDGE, FAMILY COURT,
Digitally signed
by B NAGAVENI
Location: HIGH
COURT OF
KARNATAKA
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HC-KAR
NC: 2026:KHC-K:10974-DB
MFA No. 201845 of 2023
CNR: KAHC030025682023
AT KALABURAGI, AND ALLOW THE PETITION FILED BY THE
APPELLANT WITH COST THROUGHOUT.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ASHOK S. KINAGI
and
HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE SUBRAMANYA RANGARAO)
1. This appeal is filed by the husband assailing the
judgment and decree dated 19.01.2023 passed by
the Principal Judge, Family Court, Kalaburagi in
M.C.No.24/2020 wherein the application filed under
Section 13(1) (ia) and (ib) of the Hindu Marriage Act,
1955 (for short, ‘the Act’) for dissolution of marriage
which was solemnised on 29.05.2011 between the
appellant and respondent herein.
2. The appellant and the respondent have filed a Joint
Memo of Settlement dated 06.10.2026 which reads
as under:
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HC-KAR
NC: 2026:KHC-K:10974-DB
MFA No. 201845 of 2023
CNR: KAHC030025682023
“JOINT MEMO OF SETTLEMENT
Herein counsels for appellant and respondent
most respectfully submit as under;
1. It is submitted that, as per information and
instructions of our clients, the appellant and
the respondent mutually with their free will and
wish have agreed to settle the litigation before
this Hon'ble Court.
2. Further the appellant has agreed to pay a
sum of Rs.30,00,000/- as an permanent
alimony and the respondent is agreed for the
same. Further, the respondent has also agreed
to withdraw all the cases which are pending
before different forum and courts against the
appellant/husband.
3. That, the respondent/wife herein agrees that
in future she shall not claim or file any case
seeking maintenance against the
appellant/husband herein.
4. It is further submitted that, the
appellant/husband has to pay as agreed above
amount i.e Rs.30,00,000/- in two installments
and a separate detail application will file in this
regard and the respondent/wife is agreed for
the same.
5. That, both the parties jointly pray that, this
Hon'ble Court may be pleased to take the
present joint memo of settlement on record
and disposed off the above proceeding in terms
thereof, in the interest of justice and equity.
WHEREFORE, the parties respectfully pray that
this Hon'ble Court may be pleased to accept
this joint memo of settlement on record, in the
interest of justice.
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HC-KAR
NC: 2026:KHC-K:10974-DB
MFA No. 201845 of 2023
CNR: KAHC030025682023
3. The appellant and the respondent have sought time
to file a petition under Order XXIII Rule 3 of the CPC,
read with Sec.13B of the Act, seeking dissolution of
their marriage by mutual consent. The appellant and
the respondent herein today have filed a compromise
petition under Sec.13B of the Act, which reads as
under:
“MEMORANDUM OF COMPROMISE
PETITION UNDER ORDER XXIII RULE 3 OF
CODE OF CIVIL PROCEDURE, 1908 R/W 13
(B) OF HINDU MARRIAGE AСТ, 1956.
1. The Appellant No.1 and 2 were married on
the 29.5.2011 at Sidaroodha Math,
Bhimarayanagudi, Tq: Shahapur, Dist Yadagir,
as per the Hindu rites, and out the said
wedlock there are two daughters between the
Appellant and Respondent herein as on this
date.
2. The 1st Appellant and the Appellant No.2
could not live together due to incompatibility,
temperamental differences and differences of
opinion, due to which there was no meeting of
mind between them and the counseling of
friends, relatives and well-wishers did not give
any positive result.
3. The Appellants submit that, they have been
separately residing since 10 years, as their
marriage has irretrievably broken down. Under
these circumstances the Appellant No.1 and 2
have mutually agreed that, the marriage
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HC-KAR
NC: 2026:KHC-K:10974-DB
MFA No. 201845 of 2023
CNR: KAHC030025682023
solemnized between them on 29.05.2011 to be
dissolved.
4. The Appellant No.1 who had agree to pay
the sum of Rs.30,00,000/- (Rupees Thirty lakhs
only) to the Appellant No.2 towards her life
permanent alimony and the Appellant No.2
agrees to receive the same being the
permanent alimony as full and final settlement.
5. The appellant No.1 and 2 who are residing
within the jurisdiction of this Hon'ble Court and
accordingly they have filed the above said
petition before this Hon'ble Court.
6. The Appellants submit that, they have no
claim against each other, either with regard to
any property both movable and immovable at
present or in future.
7. The Appellant No.1 and 2 submit that, there
is no collusion in filing the above said petition
and the consent is voluntary and not obtained
by force, fraud or undue influence.
8. It is submitted that, considering all the
above circumstances, the marriage having
irretrievably broken down, the Appellant No.1
and 2 have jointly approaching this Hon'ble
Court seeking to dissolve their marriage dated
29.05.2011 between them.”
4. The appellant and the respondent are personally
present before the Court, and they are identified by
their respective counsels. The parties, along with
their respective counsels, have affixed their
signatures to the compromise petition filed under
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HC-KAR
NC: 2026:KHC-K:10974-DB
MFA No. 201845 of 2023
CNR: KAHC030025682023
Order XXIII Rule 3 of the CPC R/w Sec. 13B of the
Act. This Court enquired with the parties about the
settlement arrived at between them, and they have
acknowledged the same and submitted that they
have entered into compromise of their own will and
volition, by mutual consent, without any coercion or
force by others, for grant of mutual divorce.
5. This Court has placed the compromise petition on
record filed under Sec. 13B of the Act, and since the
appellant and the respondent herein have accepted
the contents of the petition, the petition for grant of
divorce by mutual consent deserves to be allowed.
There is no legal impediment for the Court to accept
the petition filed under Sec.13B of the Act in view of
the decision of the Hon’ble Apex Court in the case of
1
Amardeep Singh v. Harvin Kaur
6. Accordingly, we proceed to pass the following:
1
(2017) 8 SCC 746
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HC-KAR
NC: 2026:KHC-K:10974-DB
MFA No. 201845 of 2023
CNR: KAHC030025682023
ORDER
i. The Petition filed under Sec.13B of the
Hindu Marriage Act, 1955 is hereby
allowed .
ii. The marriage between the Appellant and
the Respondent, solemnised on
29.05.2011, is hereby dissolved by decree
of divorce.
iii. Consequently, the judgment and order of
the Family Court is hereby substituted by
the judgment of this Court.
iv. In view of the Compromise Petition filed,
the appeal stands disposed of .
v. Draw decree in terms of the Compromise
Petition.
Sd/-
(ASHOK S. KINAGI)
JUDGE
Sd/-
(SUBRAMANYA RANGARAO)
JUDGE
VNR
List No.: 2 Sl No.: 21
Ct:pk