Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:35697 WP No. 17800 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 17800 OF 2023 (GM-RES) BETWEEN:
1.
SMT. BHAMA H. S.
W/O SRI. CHANNABASAPPA S. KUDARIHAL, AGED ABOUT 54 YEARS,
2.
CHAITRA C D/O SRI. CHANNABASAPPA S KUDARIHAL, AGED ABOUT 29 YEARS,
3.
PRAKASH C S/O SRI. CHANNABASAPPA S KUDARIHAL, AGED ABOUT 27 YEARS,
ALL ARE RESIDING AT NO.22, ASHRITH LEPARC, DODDAMANGALA MAIN ROAD, 3RD CROSS, NEAR SHOBHA SILICON APARTMENT, HOSA ROAD, BENGALURU-560 105 …PETITIONERS (BY SRI. ARUN K.S. ADVOCATE) AND:
1.
THE LIEUTENANT COLONEL EST. OFFICER FOR COMMANDMENT, MILITARY COLLEGE OF ELECTRONICS AND MECHANICAL ENGINEERING TIRUMALAGIRI (POST),
Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:35697 WP No. 17800 of 2023
SECUNDERABAD-500 015 ANDHRA PRADESH REPRESENTED BY LIEUTENANT COLONEL A.K.PILLAI
2.
SRI. CHANNABASAPPA S KUNDARIHAL (C.S. KUDARIHAL) FACULTY OF ELECTRONICS, HOD, MILITARY COLLEGE OF ELECTRONICS AND MECHANICAL ENGINEERING, TIRUMALAGIRI (POST) SECUNDERABAD-500 015 ANDHRA PRADESH
…RESPONDENTS (BY SRI. UMESH P B.,ADVOCATE FOR R1 SMT. BABY YADAV.B FOR SRI.M.R.HIREMATHD,.ADVOCATES FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R- 1 TO ENTER THE NAMES OF THE PETITIONER 1 TO3 IN THE SERVICE RECORDS OF R-2 IMMEDIATELY AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
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HC-KAR NC: 2026:KHC:35697 WP No. 17800 of 2023
ORAL ORDER
This petition is filed by petitioner No.1- wife of respondent No. 2, petitioner Nos. 2 and 3 - children of respondent No. 2, respectively seeking following reliefs:
" 1. Issue a mandamus directing the respondent No.1 to enter the names of the petitioners in the service records of the respondent No.2., immediately. 2. Pass such other order/orders as this Hon'ble Court deems fit, in the facts & circumstances of the case, including an order as to costs, in the interest of justice."
2. Matrimonial discord between petitioner No.1 and respondent No. 2 had resulted acrimonious situations, one of which is the present writ petition. 3. Upon the submission made by the learned counsel for the parties, matter was referred to mediation vide order dated 15.06.2026. 4. Mediation report is placed on record which indicates parties have entered into Memorandum of Settlement which has been signed by the parties. 5. Memorandum of Settlement reads as under:-
" I. The petitioners have filed above writ petition for issue a mandamus directing the respondent No.1 to enter the names of the petitioners in the service records of the respondent No.2. II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course
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HC-KAR NC: 2026:KHC:35697 WP No. 17800 of 2023
of mediation the parties along with their respective counsel were present and identified each other and have resolved their dispute and have agreed to the following terms and conditions:
1. The 1st petitioner and the 2nd respondent are legally wedded wife and husband. Their marriage was solemnized on 14.12.1992 at Veerashaiva Kalyana Mantapa, Shivamogga as per Hindu rites and customs. 2. The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they are living separately from March
1996. 3. Both the parties state that 1st Petitioner and the 2nd Respondent have two children born in their wedlock. A daughter namely Chaitra.C aged about 29 years and a son by name Prakash.C aged about 27 years, who are the 2nd Petitioner and 3rd Petitioner respectively. 4.
Both the parties herein state that they have entered into an elaborate agreement in M.C. 3840/2023 and they are seeking a decree of divorce on certain conditions as follows :
a) The 2nd Respondent has agreed to pay a sum of Rs.40,00,000/- (Rupees Forty Lakhs Only) to the 1st Petitioner towards the maintenance/permanent alimony as full and final settlement of all her claims in the following manner:
i) A sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) will be paid by way of demand draft bearing No.771776 dated 25.06.2026 drawn on State Bank of India, Secandrabad, Telangana and the same shall be handed over to the 1st Petitioner at the time of reporting settlement before the Hon'ble Court. ii) A sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) will be paid by way of demand draft by the 2nd Respondent on the day of closure of Departmental Enquiry Ref. No. DTC Gen of CME (Civil) Letter No.B/37215/Discp/CSK/EME Civ(C-5) dated
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HC-KAR NC: 2026:KHC:35697 WP No. 17800 of 2023
12.12.2025 and charge sheet bearing No.5/08/2025-D(Lab) dated 21.04.2025 by the Military College of EME, Secandrabad under Ministry of Defence, Govt. of India. The 1st Petitioner has agreed to receive the same as mentioned above. 5. In view of this settlement arrived between the parties that the Respondent has agreed to withdraw and co-operate to close the following cases:
a) Crl. Misc No.318/2021 filed against the 2nd Respondent pending before the CJM, Bengalruu Rural District, Bengaluru. b) O.S.No.217/2021 filed against the 2nd Respondent pending before the 1st Addl. Civil Judge & JMFC, Ranebennur. c) O.S.No.490/2023 filed against the 2nd Respondent pending before the IV Addl. Family Court, Bengaluru. 6. The parties or force, fraud and undue influence in agreeing/ settling the aforesaid terms and conditions and entering into this Agreement in the aforesaid manner."
III.
In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble High Court be pleased to pass appropriate order dispose off the writ petition in terms of this agreement. IV. Parties shall appear before the Hon'ble High Court of Karnataka for passing necessary orders in terms of the agreement whenever the matter is listed before the Hon'ble Court."
6.
Learned counsel for the parties confirm the settlement having been made.
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HC-KAR NC: 2026:KHC:35697 WP No. 17800 of 2023
7. Memorandum of Settlement and submission are placed on record.
8. The writ petition is disposed of accordingly.
Sd/- (M.G.S. KAMAL) JUDGE
SPV List No.: 1 Sl No.: 48