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2026 DAILYLAW 2092 (KAR)

MRS. SHAILA FALEIRO v. GAUTAM MAKKER

WP/9595/2026 · 2026-03-27

K Manmadha Rao

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17514 WP No. 9595 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2026 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT PETITION NO.9595 OF 2026 (GM-FC) BETWEEN: 1. MRS. SHAILA FALEIRO W/O GAUTHAM MAKKER AGE ABOUT 50 YEARS R/AT NO.7, KOSHY VILLA ASHLEY PARK ROAD OFF BRUNTON ROAD CROSS BENGALURU – 560 025. ALSO AT PRESENT ADDRESS: NO.18094, PRESTIGE SHANTINIKETAN WHITE FIELD, BENGALURU-560 066. …PETITIONER (BY SMT. JAYNA KOTHARI, SENIOR COUNSEL FOR SRI. NAVEEN CHANDRA V., ADVOCATE) AND: 1. GAUTAM MAKKER S/O NIRANJAN DEV MAKKER, AGE ABOUT 53 YEARS R/AT NO.805-806, PRATIMA FILATE PARADISE ISLE, MAHARANIPETA VISHAKAPATNA – 530 002. …RESPONDENT (BY SMT. APOORVA G., ADVOCATE – [THROUGH VC]) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17514 WP No. 9595 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 16.03.2026 PASSED IN MC NO.2158/2015 BY THE HON’BLE II ADDITIONAL PRL. JUDGE FAMILY COURT, BENGALURU (EARLIER PENDING BEFORE VTH ADDL. FAMILY JUDGE) PRODUCED HEREIN AS ANNEXURE-J. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL ORDER Heard Smt. Jayna Kothari, learned Senior counsel for the petitioner and Smt. Apoorva G., learned counsel for the respondent, who appeared through Video Conferencing. 2. Learned Senior counsel for the petitioner submits that M.C.No.2158/2015 was referred to Bangalore Mediation Centre, Bangalore and the same was settled and the mediation report is also filed before the V Additional Principal Judge, Family Court, Bengaluru. 3. As per the settlement agreement entered into between the parties, both the parties have agreed to dissolve the marriage solemnized on 12.09.2002. The respondent/husband has also agreed to pay Rs.7,20,00,000/- as alimony, out of which the first installment of - 3 - HC-KAR NC: 2026:KHC:17514 WP No. 9595 of 2026 Rs.3,00,00,000/- has been paid during January, 2026. The balance amount of Rs.4,20,00,000/- is to be paid on or before 30.09.2026. 4. In terms of the settlement agreement, the respondent/husband has already paid an amount of Rs.3,00,00,000/- to the petitioner/wife in January, 2026. Thereafter, an application is filed by the respondent/husband before the Family Court under Order 17, Rule 1 read with Section 151 of CPC seeking to adjourn the matter till compliance of balance payment of Rs.4,20,00,000/- i.e., the second installment to be paid to the petitioner/wife. 5. The other side also reported no objection to adjourn the matter. However, the Court refused to adjourn the matter till compliance of condition by the respondent/husband, since there was a direction for disposal of the matter which is of the year 2015 and further directed the parties to lead evidence on 23.03.2026. Thereafter, the matter was adjourned to 23.03.2026. - 4 - HC-KAR NC: 2026:KHC:17514 WP No. 9595 of 2026 6. In the above circumstances, the respondent/husband has approached this Court seeking extension/enlargement of time to comply the condition i.e., to pay second installment of Rs.4,20,00,000/- by 30.09.2026 as agreed in the settlement agreement entered into between the parties in the Bangalore Mediation Centre, Bangalore. 7. In view of the same, considering the submission of learned Senior counsel for the petitioner and learned counsel for the respondent, who also says no objection, the Family Court is directed not to take any precipitative steps till 30.09.2026 i.e., the time limit given to the respondent/husband to pay the second installment to the petitioner/petitioner. With these observations, the writ petition is disposed of. Sd/- (DR.K.MANMADHA RAO) JUDGE ST List No.: 1 Sl No.: 8