- 1 - HC-KAR NC: 2026:KHC:35320 WP No. 19544 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA WRIT PETITION NO. 19544 OF 2026 (GM-FC) BETWEEN: SRI. BALAJI PRABHU B.V. S/O VEERANNA, AGED ABOUT 34 YEARS, RESIDENT OF BALUVANERALU, HONNAVALLI HOBLI, TIPTUR TALUK, TUMAKURU DISTRICT - 572 217. …PETITIONER (BY SRI. AKARSH KUMAR GOWDA, ADVOCATE) AND: SMT. ARPITHA S @ NISCHITHA W/O SRI. BALAJI PRABHU B.V., D/O SRIDHARA N., AGED ABOUT 32 YEARS, RESIDENT OF 25, SAI KRUPA, 4TH CROSS, HEBBAL COLONY, METAGALLI, MYSURU - 570 016. …RESPONDENT (VIDE ORDER DATED 10.07.2026, NOTICE TO RESPONDENT IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER DATED 04.04.2026 PASSED BY THE PRINCIPAL FAMILY COURT, MYSURU IN M.C. NO.199/2025, VIDE ANNEXURE-A AND ETC., Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35320 WP No. 19544 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL ORDER This Writ Petition is filed by the petitioner/husband requesting the Court to quash the order dated 04.04.2026 passed in M.C.No.199/2025, which reads as follows: “2nd Report of the Mediator is received as not settled. However, from the records it is revealed that on 3.5.25 the 1stmediation report was received wherein the mediator has noted that the matter was settled between the parties as per the memorandum of understanding U/sec. 89 of CPC whereby both parties had agreed for dissolution of marriage & as per the terms of settlement, the respondent has received permanent alimony Rs.1500000/- for herself & for the child through DD. When the matter was referred for mediation the respondent said to have retracted from the previous terms of settlement and was not ready for divorce. However, she submits that the above amount is still with her. Hence, the Counsel for petitioner submits that orders on mediation report may be passed. Since the subsequent of of the report mediator is received - 3 - HC-KAR NC: 2026:KHC:35320 WP No. 19544 of 2026 as not settled, there is no question of passing any orders on mediation reports and the parties are directed to proceed with the matter.” 2. The petitioner filed M.C.No.199/2025 for divorce on 18.02.2025. During the pendency of the proceedings, the matter was referred to mediation, where both parties entered into a Memorandum of Understanding dated 22.04.2025, a copy of the same is filed before the Court. As per the terms of the settlement, the petitioner paid a sum of Rs.15,00,000/- to the respondent towards permanent alimony and the said amount is received by the respondent/wife. Thereafter, the respondent is retracted from the terms of the settlement. As such, the family court is proceeding with the divorce proceedings in M.C.No.199/2025 and the matter is posted for evidence of PW.1. The Family Court has also observed that the amount of Rs.15,00,000/- is still with the respondent/wife. During the pendency of the proceedings, when both parties were referred to the mediator, both of them agreed to the settlement and in view of the settlement, the petitioner also paid an amount of Rs.15,00,000/- towards the alimony and the - 4 - HC-KAR NC: 2026:KHC:35320 WP No. 19544 of 2026 said amount was received by respondent/wife and the amount is still with her. The Family Court has to record the divorce by mutual consent as per the terms of the settlement, in view of the fact that he also deposited permanent alimony. But the Family Court erred in proceeding with the trial on the ground that the respondent retracted from the terms, though she has not returned the said amount. Therefore, the order dated 04.04.2026 passed by the Family Court is patently erroneous and liable to be set aside. According, Writ Petition is allowed. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 2 Sl No.: 25