2025 Supreme(Online)(Kar) 40995
THE HIGH COURT OF KARNATAKA
S.G.PANDIT AND GEETHA K.B.
ARCHANA W/O PRAKASH RAIKAR – Appellant
Versus
PRAKASH S/O VENKANTRAI RAIKAR – Respondent
MFA 104682/2024
HC-KAR IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
MISCELLANEOUS FIRST APPEAL NO. 104046 OF 2024 (MC)
C/W MISCELLANEOUS FIRST APPEAL NO. 104682 OF 2024 IN MFA NO. 104046/2024:
BETWEEN:
ARCHANA W/O PRAKASH RAIKAR AGE. 37 YEARS, OCC. HOUSEHOLD, R/O. VADAGAON, BELAGAVI.
NOW R/O.C/O. RAVALU GANAPATI SHET, SABGERI, KARWAR BALALRY ROAD, AT/POST. YELLAPUR NAGAR, TQ. YELLAPUR, DIST. UTTARA KANNADA-581359.
…APPELLANT (BY SRI. VISHWANATH HEGDE, ADVOCATE)
AND:
PRAKASH S/O VENKANTRAI RAIKAR VINAYAKA AGE. 48 YEARS, OCC. GOLD SMITH WORK, B V D VI i N gi A ta Y l A ly K s A ig B n e V d by R/O. 5TH CROSS, KAMAKSHI-KRUPA, NAZAR CAMP, Location: HIGH COURT OF KARNATAKA NEAR ARLIKATTE, NEAR PIMPALKATTE GANAPATI TEMPLE, DHARWAD BENCH VADGOAN, BELAGAVI-590005.
…RESPONDENT (BY SRI. AMRUT V. JOIS, ADVOCATE)
THIS MFA IS FILED U/S.28(1) OF THE HINDU MARRIAGE ACT, 1955, AGAINST THE JUDGMENT AND DECREE DATED 07.06.2024, PASSED IN MATRIMONIAL CASE NO.25/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JUDICIAL MAGISTRATE FIRST CLASS, YELLAPUR, DISMISSING HE PETITION FILED U/SEC. 9 OF THE HINDU MARRIAGE ACT & ETC.
HC-KAR IN MFA NO. 104682/2024:
BETWEEN:
ARCHANA W/O PRAKASH RAIKAR AGE. 37 YEARS, OCC. HOUSEHOLD WORK, R/O.C/O. RAVALU GANAPATI SHET, SABGERI, KARWAR BALLARY ROAD, AT/POST. YELLAPUR NAGAR, TQ. YELLAPUR, DIST. UTTARA KANNADA-581359.
...APPELLANT (BY SRI. VISHWANATH HEGDE, ADVOCATE)
AND:
PRAKASH S/O VENKANTRAI RAIKAR AGE. 48 YEARS, OCC. SERVICE UNDER GOLD SMITH AND PVT.JOB, R/O. KAMAKSHI-KRUPA, NAZAR CAMP, R/O. 5TH CROSS, YALLUR ROAD, NEAR ARLIKATTE, VADGOAN, BELAGAVI-590005.
...RESPONDENT (BY SRI. AMRUT V. JOIS, ADVOCATE)
THIS MFA IS FILED U/S.28(1) OF THE HINDU MARRIAGE ACT, 1955, AGAINST THE JUDGMENT AND DECREE DATED 07.06.2024, PASSED IN MATRIMONIAL CASE NO.3/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL JUDICIAL MAGISTRATE FIRST CLASS, YELLAPUR, ALLOWING THE PETITION FILED U/SEC. 13(1)(I-A) OF THE HINDU MARRIAGE ACT & ETC.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
MFA No.104682/2024 is filed under Section 28(1) of the Hindu Marriage Act, 1955, For short ‘Act, 1955’ questioning the judgment and decree dated 7.6.2024 passed in MC No.3/2020 on the file of learned Senior Civil Judge and Prl. JMFC, Yellapur, whereunder appellant’s/husband’s petition under Section 13(1)(i-a) of the Act, 1955 is allowed dissolving marriage of the appellant and respondent holding that the respondent/wife would be entitled to Rs.7,00,000/- as permanent alimony.
2. MFA No.104046/2024 is filed under Section 28(1) of the Act, 1955 questioning the judgment and decree dated 7.6.2024 passed in MC No.25/2019 on the file of learned Senior Civil Judge and Prl. JMFC, Yellapur, wherein petition under Section 9 of the Act, 1955 filed by the appellant/wife is dismissed.
3. This Court by order dated 15.07.2025 referred the dispute involved in both the appeals to the Mediation at Mediation Centre, High Court of Karnataka, Dharwad Bench.
HC-KAR Before the Mediator, the appellant/wife as well as the respondent/husband have settled their dispute and entered into memorandum of agreement under Section 89 of the Code of Civil Procedure read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007.
4. Terms of the compromise at paragraphs 5 to 16 in the memorandum of agreement read as under:
5. The Hon'ble Court referred the matter for mediation.
Now with the intervention of mediator and both the families, finally it is decided that they shall separate by dissolving the marriage by accepting the decree for dissolution of marriage granted by the trial Court in MC No.03/2020 on the file Senior Civil Judge, Yellapura. However, the permanent alimony of Rs.7,00,000/- granted b