IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL NO. 3794 OF 2022 (FC)

BETWEEN:

MRS.CHAITHRA, W/O SRI.MAHESH, AGED ABOUT 28 YEARS, D/O DAYANANDA KHARVI, R/O DOOR NO.3-296, “BHAVANI KRUPA”, SANDISPIT, BENGRE, MANGALURU TALUK, DAKSHINA KANNADA, DISTRICT-572 201.

…APPELLANT (BY SRI.K.PRASANNA SHETTY., ADVOCATE)

AND:

Digitally signed by K G MR.MAHESH, RENUKAMBA AGED ABOUT 41 YEARS, Location:

S/O LATE DEVADAS KHARVI, HIGH COURT OF R/O KHARVI KERI, NEAR MAHAKALI TEMPLE, KARNATAKA KUNDAPURA, KASABA VILLAGE, KUNDAPURA TALUK UDUPI DISTRICT-572 101.

…RESPONDENT (BY SRI.B.S.SACHIN., ADVOCATE)

THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 29.11.2021 PASSED IN M.C.NO.205/2018 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, DAKSHINA KANNADA, MANGALURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ia)(ib) OF THE HINDU MARRIAGE ACT, 1955.

THIS APPEAL, COMING ON FOR FINAL HEARING, 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)

Heard the learned counsel for the appellant and the respondent.

2. The matter was referred for mediation between the parties, which mediation took place at the Mangaluru Mediation Centre, Dakshina Kannada. In the mediation proceedings, the parties have entered into a settlement which has been recorded in a memorandum of settlement and which has been placed before us today. The terms of a settlement are as under:-

"MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF THE CODE OF CIVIL PROCEDURE READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES 2005.

The Parties above named respectfully submit as follows:

The aforesaid petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions.

1. That marriage between the Appellant and Respondent was performed on 04.06.2015 at 'Shre Sukruthindra Kalyana Mandir, Pete Shree Venkatramana Temple, Kundapura, Udupi District as per customs and traditions prevailing in their community in the presence of family members, friends and relatives of both the parties. That there is one female child by name THANIRIKA (DOB - 28/03/2016) who is now aged 9 years and she is in custody of Appellant.

2. That as there was irreconcilable differences between the parties and there is no conjugal relationship between the parties from the past 9 years till this date. The marriage between the parties has broken down completely and there is no scope of them living together as husband and wife.

3. The Appellant had filed an application for divorce seeking dissolution of her marriage with the Respondent before the Hon'ble Prl.

Family Court, Mangaluru in M.C.No.205/2018 under the provisions of section 13(1)(1-a)(1- b) of Hindu Marriage Act and same was dismissed as per judgment and decree dated 29.11.2021 by the Hon'ble Family Court. Being aggrieved by the Judgment and Decree of the Hon'ble Family Court the Appellant preferred an appeal which is numbered as MFA No.3794/2022 before the Hon'ble High Court of Karnataka and the Hon'ble High Court was pleased to refer the matter to Mediation for resolving the disputes between the Appellant and the Respondent. During the course of mediation, the Appellant and the Respondent amicably decided to dissolve the marriage. During Mediation, the parties have mutually agreed to dissolve their marriage on the following terms and conditions:

4. Terms & Conditions:

a) That both the Appellant and the Respondent give up their rights to claim any maintenance as against each other and both agreed that they have no claim of whatsoever either past, present or future against each other.

b) That both the Appellant and th