Karnataka High Court
Varsha M Ankalgi vs Viraj Rameshbhai Bardoli on 22 September, 2025
Author: H.P.Sandesh
Bench: H.P.Sandesh
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NC: 2025:KHC-K:5708-DB
MFA No. 200250 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE H.P.SANDESH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCL. FIRST APPEAL NO.200250 OF 2024 (FC)
BETWEEN:
SMT. VARSHA M. ANKALGI D/O. G.S. SUJATA,
AGE: 29 YEARS, OCC: SERVICE,
R/O: AT PRESENT RESIDING AT
SURVEY NO.91/B, PLOT NO.34,
GUMASTA COLONY, OPP. MALLIKARJUN ASHRAM,
VIJAYAPURA - 586 101.
...APPELLANT
(BY SRI RAVI G. MADABHAVI, ADVOCATE)
AND:
MR. VIRAL RAMESHBHAI BARDOLI,
AGE:33 YEARS, OCC: SERVICE,
Digitally signed
by NIJAMUDDIN R/O: D-10 GREEN CITY SOCIETY,
JAMKHANDI SECTOR-26, GANDHINAGAR - 382 028.
Location: HIGH GUJARAT
COURT OF
KARNATAKA ...RESPONDENT
(BY SRI SHIVASHANKAR H. MANUR, ADVOCATE)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 19(1) OF FAMILY COURTS ACT, PRAYING TO ALLOW THE
APPEAL AND SET ASIDE THE JUDGMENT AND DECREE DATED
30.08.2023 PASSED BY THE PRL. JUDGE, FAMILY COURT,
VIJAYAPURA, IN M.C.NO.127/2020.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.P.SANDESH
AND
HON'BLE MR. JUSTICE T.M.NADAF
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NC: 2025:KHC-K:5708-DB
MFA No. 200250 of 2024
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE H.P.SANDESH) This miscellaneous first appeal is filed under Section 19(1) of Family Courts Act, praying to allow the appeal and set aside the judgment and decree dated 30.08.2023 passed by the Principal Judge, Family Court, Vijayapura, (for short 'the Family Court') in M.C.No.127/2020.
2. The appellant and the respondent are present before the Court. The learned counsel appearing for both the parties are present before the Court and they have identified their respective parties.
3. Learned counsel appearing for both the parties submit that the matter is settled between the parties before the Mediation Centre.
4. The report is submitted before this Court.
5. We have perused the impugned judgment and decree passed by the Family Court. The Family Court granted decree both under Sections 13(1)(ia) and -3- NC: 2025:KHC-K:5708-DB MFA No. 200250 of 2024 HC-KAR 13(1)(ib) of the Hindu Marriage Act, 1955 (for short, 'the Act').
6. In view of the settlement arrived at between the parties, and since the respondent-husband earlier deposited an amount of Rs.5,00,000/- before the Family Court and has now paid a further sum of Rs.4,00,000/- by way of demand draft before this Court, which has been acknowledged by the appellant-wife, the impugned judgment and decree dated 30.08.2023 passed by the Family Court in M.C.No.127/2020 is modified. The judgment and decree passed under Section 13(1)(ia) of the Act is set aside, and the decree of divorce granted under Section 13(1)(ib) of the Act is confirmed, as the marriage between the parties has irretrievably broken down.
7. The respondent-husband has no objection to the withdrawal of the amount deposited before the Family Court by the appellant-wife. Hence, the Family Court is -4- NC: 2025:KHC-K:5708-DB MFA No. 200250 of 2024 HC-KAR directed to release the said amount in favour of the appellant on proper identification.
8. In view of the settlement between the parties, and since the appellant has accepted a sum of Rs.9,00,000/- as permanent alimony towards full and final settlement, both parties have agreed to withdraw all pending cases between them. Accordingly, there shall be no future claims by either party against each other.
Sd/-
(H.P.SANDESH) JUDGE Sd/-
(T.M.NADAF) JUDGE NB List No.: 2 Sl No.: 1 CT:NI