HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF DECEMBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE JAYANT BANERJI

AND

THE HON'BLE MR. JUSTICE K. V. ARAVIND

MISCELLANEOUS FIRST APPEAL No. 5533 OF 2025 (MC)

C/W

MISCELLANEOUS FIRST APPEAL No. 5242 OF 2025

IN MFA No. 5533/2025

BETWEEN:

1. DR. SUNIL KUMAR K.,

S/O P. KRISHNA,

AGE ABOUT 38 YEARS,

RESIDING AT No.7/345B,

NEW BUS STAND ROAD,

Digitally

signed by KOLLEGAL TOWN,

VALLI CHAMARAJANAGAR DISTRICT - 571440

MARIMUTHU …APPELLANT

Location:

HIGH COURT

(BY SRI SRIDHAR R., ADVOCATE)

OF

KARNATAKA

AND:

1. DR. MEGHANA B. M.,

W/O SUNIL KUMAR K,

AGE ABOUT 36 YEARS,

RESIDING AT No.434,

SHANESWARA TEMPLE ROAD, 2^ND STAGE, GAYATHRIPURAM,

MYSURU - 570019,

HC-KAR AND ALSO RESIDING AT MICROBIOLOGY DEPARTMENT, GOVERNMENT MEDICAL COLLEGE, YADAPURA, CHAMARAJANAGARA TOWN AND DISTRICT. …RESPONDENT (BY SRI RUPESH KUMAR S., ADVOCATE)

THIS MFA IS FILED UNDER SECTION 28(1) OF HINDU MARRIAGE ACT AGAINST THE JUDGMENT AND DECREE DATED 23.04.2025 PASSED IN MC No.06/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KOLLEGALA ALLOWING THE PETITION FILED UNDER SECTION 9 OF THE HINDU MARRIAGE ACT, 1955.

IN MFA No. 5242/2025 BETWEEN:

1. DR. SUNIL KUMAR K., S/O. P. KRISHNA, AGED ABOUT 38 YEARS RESIDING AT No.7/345B, NEW BUS STAND ROAD, KOLLEGAL TOWN, CHAMARAJANAGAR DISTRICT -571440.

...APPELLANT (BY SRI SRIDHAR R., ADVOCATE)

AND:

1. DR. MEGHANA B. M., W/O. SUNIL KUMAR K., AGED ABOUT 36 YEARS RESIDING AT No.434, SHANESHWARA TEMPLE ROAD, 2^ND STAGE, GAYATHRIPURAM, MYSURU-570019, AND ALSO RESIDING AT HC-KAR MICROBIOLOGY DEPARTMENT, GOVERNMENT MEDICAL COLLEGE, YADAPURA, CHAMARAJANAGAR TOWN, AND DISTRICT. ...RESPONDENT (BY SRI RUPESH KUMAR S., ADVOCATE)

THIS MFA IS FILED UNDER SECTION 28(1) HINDU MARRIAGE ACT, ACT AGAINST THE JUDGMENT AND DECREE DATED 23.04.2025 PASSED IN MC No.37/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., KOLLEGALA, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(1a)

(1b) (1)(iii) (a) OF THE HINDU MARRIAGE ACT.

THESE APPEALS COMING ON FOR ADMISSION 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)

MFA No.5533/2025 is filed by the husband challenging the judgment and decree dated 23.04.2025 passed by the Senior Civil Judge and JMFC, Kollegala, Family Court in M.C. No.6/2023 whereby, the petition filed by the wife seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, Act, was allowed and the respondent therein was directed to HC-KAR resume cohabitation with the wife within a period of one month.

2. MFA No.5242/2025 is also filed by the husband challenging the judgment and decree dated 23.04.2025 passed by the Family Court in M.C.No.37/2021 whereby, the petition filed by him under Section 13(1)(ia), (ib) and 1(iii)(a) of the Act, was dismissed.

3. The parties have submitted a memorandum of settlement purportedly under Order XXIII Rule 3 of Code of Civil Procedure, 1908, CPC (wrongly mentioned as Order XXII Rule 3 of CPC) wherein, it is mentioned that the appellant and the respondent have mutually resolved their differences and have agreed that the marriage solemnized between them on 17.03.2019 is dissolved by a decree of divorce. It has been stated therein that the parties have no children from the marriage between them; they have exchanged all the articles and neither of them have any claim whatsoever against each other. The allegation between them have been sought to be withdrawn and they have undertaken not to interfere with the HC-KAR lives of each other in future, and also not to institute any case or proceedings against each other.

4. Today, in MFA No.5242/2025, a petition under Section 13(B) of the Act has been filed in Court, which is jointly signed by the parties who have been identified by their respective advocates. The photocopies of the Aadhaar card have been filed along with the application, which are verified by their advocat