MFA No. 5019 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL NO. 1597 OF 2025 (IDA)

C/W MISCELLANEOUS FIRST APPEAL NO. 3711 OF 2025 (IDA) MISCELLANEOUS FIRST APPEAL NO. 5019 OF 2025 (IDA)

IN MFA No. 1597/2025 BETWEEN:

MR PRERAK NAVEEN D’SA S/O FRANCIS D’SA AND LEENA D’SILVA, AGED ABOUT 40 YEARS R/AT NO.3-44, SHALOME BELLE, MOODUBELLE, Digitally signed UDUPI DISTRICT - 576 120 by K G …APPELLANT RENUKAM BA (BY SRI. ASHWIN JOYSTON KUTINHA, ADV.)

Location: HIGH COURT OF AND:

KARNATAKA MRS. PRAWAL SALLY MARRI TAURO D/O LEO TAURO AND SYLVA TAURO W/O MR. PRERAK NAVEEN D’SA AGED ABOUT 39 YEARS, R/AT LIESSILL, OPP. HOLY FAMILY SCHOOL, KURUPPUR ROAD, BAJPE POST, MANGALURU - 574 142 …RESPONDENT (BY SRI. RAKESH KINI, ADV. FOR CAV/RESPONDENT)

MFA No. 5019 of 2025 HC-KAR THIS MFA IS FILED U/S.55 OF INDIAN DIVORCE ACT, AGAINST THE JUDGMENT AND DECREE DT.30.01.2025 PASSED IN MC NO.511/2023 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, D.K, MANGALURU, ALLOWING THE PETITION FILED U/S.10(1)(ix)(x) OF THE DIVORCE ACT.

IN MFA NO. 3711/2025 BETWEEN:

MRS. PREWAL SALLY MARRIE TAURO D/O LEO TAURO AND SYLVA TAURO, W/O. PRERAK NAVEEN D’SA AGED ABOUT 39 YEARS, R/AT LEESILL OPP. HOLY FAMILY SCHOOL, GURUPUR ROAD, BAJPE POST, MANGALURU-574142.

...APPELLANT (BY SRI. RAKESH KINI, ADVOCATE)

AND:

MR. PRERAK NAVEENA D’SA S/O FRANCIS D’SA AND LEENA D’SILVA, AGED ABOUT 40 YEARS, R/AT #3-44, SHALOM, BELLA, MOODUBELLA, UDUPI DISTRICT-576120.

...RESPONDENT THIS MFA IS FILED U/S.55 OF INDIAN DIVORCE ACT, AGAINST THE JUDGMENT AND DECREE DT. 30.01.2025 PASSED IN MC NO.511/2023 ON THE FILE OF THE PRL. JUDGE FAMILY COURT, D.K.MANGALURU, ALLOWING THE PETITION FILED U/S.10(1)(ix)(x) OF DIVORCE ACT, 1869.

MFA No. 5019 of 2025 HC-KAR IN MFA NO. 5019/2025 BETWEEN:

MR. PRERAK NAVEEN D’SA S/O FRANCIS D’SA AND LEENA D’SILVA, AGED ABOUT 40 YEARS, R/AT NO.3-44, SHALOM BELLE, MOODUBELLE, UDUPI DISTRICT - 576120 ...APPELLANT (BY SRI. ASHWIN JOYSTON KUTINHA, ADVOCATE)

AND:

MRS. PRAWAL SALLY MARRI TAURO D/O LEO TAURO AND SYLVIA TAURO, W/O MR. PRERAK NAVEEN D’SA, AGED ABOUT 39 YEARS, R/AT LIESSILL, OPPOSITE HOLY FAMILY SCHOOL, KURUPPUR ROAD, BAJPE POST MANGALURU - 574142 ...RESPONDENT THIS MFA IS FILED U/S.55 OF INDIAN DIVORCE ACT, AGAINST THE JUDGMENT AND DECREE DT.30.01.2025 PASSED IN MC NO.511/2023 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, D.K.MANGALURU, ALLOWING THE PETITION FILED U/S.10(1)(ix)(x) OF THE DIVORCE ACT, 1869.

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

CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE K. V. ARAVIND MFA No. 5019 of 2025 HC-KAR

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

M.F.A. No.1597/2025 was filed seeking to set aside the judgment and decree passed by the Principal Judge, Family Court, Dakshina Kannada, Mangaluru in M.C.No.511/2023 on 30.01.2025 to the extent of allowing the petition filed under Section 10(1)(ix)(x) of the Divorce Act, 1869 and to allow the appeal.

2. M.F.A. No.5019/2025 was filed seeking to set aside the judgment and decree dated 30.01.2025 passed by the Principal Judge, Family Court, Dakshina Kannada, Mangaluru in M.C.No.511/2023 dismissing the counterclaim filed by the appellant under Section 32 of the Divorce Act, 1869 and for grant of restitution of conjugal rights.

3. M.F.A. No.3711/2025 was filed seeking to set aside that part of the judgment and decree dated 30.01.2025 passed in MC No.511/2023 on the file of the Principal Judge, Family Court, Dakshina Kannada, Mangaluru granting permanent alimony of Rs.40,00,000/- and to set aside the visitation and communication rights as ordered in the impugned judgment.

MFA No. 5019 of 2025 HC-KAR

4. Pursuant to the orders passed by this Court, the parties were referred for mediation to the Karnataka Mediation Centre and a settlement that was entered into between th