IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^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. 2492 OF 2024 (IDA)

BETWEEN:

MRS.TINA DIMPLE D’SOUZA, AGED ABOUT 39 YEARS, W/O ROSHAN CANEL D’SOUZA, R/AT TOM GRACE, BATA HOUSE, NEAR KIREM CHURCH, AIKALA POST, MANGALURU TALUK-574 141.

Digitally signed by K G PRESENT ADDRESS:

RENUKAMBA Location:

SABA AND CO., TMP. P.O.BOX 21013, HIGH COURT OF BAHRAIN TOWER, 8^TH FLOOR, KARNATAKA A1-KHALIFA ROAD, MANAMA, BAHRAIN …APPELLANT (BY SRI.M.C.RAVIKUMAR, ADVOCATE)

AND:

MR. ROSHAN CANEL D’SOUZA, AGED ABOUT 48 YEARS, S/O GREGORY D’SOUZA, R/AT FLAT NO.201, RON CASTEL APTS, SEMINARY VIEW, JEPPU, KANKANADY POST, MANGALURU -575 002.

PRESENT ADDRESS TRANSGULF MARITIME SERVICES W.L.L, OFFICE NO.1, BUILDING NO.1877, ROAD 2124, BLOCK 321, EXHIBITION ROAD, P.O.BOX 20131, KINGDOM OF BAHRAIN.

…RESPONDENT (BY SRI.RENSPRE PRITHESH D SOUZA, ADVOCATE)

THIS MFA IS FILED U/S.55 OF THE INDIAN DIVORCE ACT, AGAINST THE JUDGMENT AND DECREE DATED 23.01.2024 PASSED IN MC NO.125/2023 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, D.K, MANGALURU, DISMISSING THE PETITION FILED U/S.10 R/W SEC.37 OF THE INDIAN DIVORCE ACT.

THIS APPEAL 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

ORAL JUDGMENT

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

The report of the Mediation is available, in which, the date of settlement is 30.06.2025.

2. The parties are present in Court, who are identified by their respective Advocates.

3. We have perused the settlement agreement dated

30.06.2025, which is signed by the parties as well as by their Advocates.

4. There is also a joint memo dated 16.09.2025 on record stating that, in terms of the settlement, the appellant has deposited the settlement amount in Fixed Deposit in the name of the minor son Master Rion Greg D’Souza. A copy of the Fixed Deposit receipt issued by the Canara Bank has also been appended thereto. The terms of the settlement agreement, shall be complied by them and there remains no further dispute between the them.

5. The appeal was filed challenging the order dated

23.01.2024 passed in MC No.125/2023 passed by the Principal Judge, Family Court, D.K. at Mangaluru, whereby the application for divorce filed by the wife was dismissed.

6. In view of the aforesaid settlement, the parties have agreed and prayed that the application for divorce filed before the Family Court be allowed.

7. In view of the settlement aforesaid, we allow the application filed by the wife under Section 10 read with Section 37 of the Indian Divorce Act, 1869 and dissolve the marriage entered into between them on 07.12.2005. 8. Let the decree be issued accordingly.

9. The Memorandum of Settlement dated 30.06.2025 shall form part of the decree.

Sd/-

(JAYANT BANERJI)

JUDGE Sd/-

(K. V. ARAVIND)

JUDGE KGR List No.: 1 Sl No.: 24