A court of appeal may allow a matrimonial appeal and dissolve a marriage by mutual consent under the Hindu Marriage Act, 1955, by recording a settlement agreement between the parties under Order XXIII Rule 3 of the Code of Civil Procedure, 1908.

THIS APPEAL, COMING ON FOR HEARING, THIS DAY,

JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH

and

HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE T.M.NADAF)

This appeal is by the appellant/husband aggrieved by the Judgment and decree dated 12.11.2025 passed by the Prl. Judge, Family Court, Bengaluru¹the Family Court, for short in M.C.No.507/2023.

2. The Family Court under the impugned Judgment, dismissed the petition filed by appellant/husband.

3. During the pendency of this appeal, the parties to the appeal have arrived at a settlement and filed the present application under Order XXIII Rule 3 of the Code of Civil Procedure, 1908 R/w Section 13B of the Hindu Marriage Act, stating in unison that the parties have settled their claims and of the considered view that the marriage has broken down irretrievably and there is no possibility of reconciliation, accordingly, they have come forward to dissolve their marital relationship by mutual consent. The present application stated supra is filed in this appeal on the terms agreed upon at paragraph No.4, which reads as under:

"4. The terms of the compromise are as follows:

a) The Respondent consents for divorce and the Appellant shall pay a total sum of Rs.70,00,000/- (Rupees Seventy Lakhs only) to the Respondent towards permanent alimony. A sum of Rs.10,00,000/- (Rupees Ten Lakhs only) has been paid on 22/05/2026 vide Bank Transfer through GCC Exchange, Sharjah bearing Transaction No.100025628700003.

b) The Appellant has transferred a sum of Rs.35,00,000/- (Rupees Thirty Five Lakhs only) through RTGS transaction bearing No.HDFCR52026060366202978 on 03.06.2026.

c) The Appellant has today i.e. on 03.06.2026 handed over a demand draft bearing no.124750 drawn on State Bank of India Madikeri, Branch to the Respondent.

d) The Respondent agrees to withdraw or consent to the quashing of all criminal and civil proceedings initiated by her against the Appellant and his family members.

e) The Respondent has consented to withdraw Criminal Miscellaneous Petition No.115 of 2022 filed by the Respondent before the Hon'ble Metropolitan Magistrate Traffic Court (Traffic Court - III), Bengaluru on the next date of hearing, if not earlier.

f) The Respondent has consented to withdraw CC No.275/2023 pending before the Hon'ble Senior Civil Judge and CJM, Kodagu, Madikeri filed by her against the Appellant and his family.

g) The Respondent has consented to allow the Criminal Petition No.8230 of 2022 filed by the Appellant and family members pending before this Hon'ble Court seeking quashing of Crime No.30/2022 before the Hon'ble Principal Civil Judge and JMFC, Madikeri, Kodagu.

h) The respondent has requested the return of her Kachi Muttu, clothes, and personal accessories currently at the Appellant's residence. The Appellant has agreed to facilitate the handover of these articles through his relatives to the Respondent or her representatives at a mutually agreed place and time."

4. Further, both the parties have agreed that, upon payment of permanent alimony and subject to the terms stated supra, they shall have no further claims against each other, whether by way of maintenance, permanent alimony, return of valuables, personal belongings, or any movable or immovable property, whether relating to the past, present or future. Further, they have declared that they have entered into this settlement on their free volition without any coercion, undue influence or pressure, with the sole object of amicably resolving the disputes between them. The application is also countersigned by their learned advocates.

5. In the light of the compromise petition, the appeal stands disposed of, by setting aside the J