Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 43197 (KAR)

SMT. M.R. JYOTHI v. SRI.C. NAVEEN KUMAR

MFA/650/2024 · 2026-09-23

D K Singh, H Shanthi Bhushan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010625662023 NC: 2026:KHC:53016-DB MFA No. 8366 of 2023 C/W MFA No. 650 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN MISCELLANEOUS FIRST APPEAL NO. 8366/2023 (FC) C/W MISCELLANEOUS FIRST APPEAL NO. 650/2024 (FC) IN MFA No. 8366/2023: BETWEEN: SMT. M R JYOTHI W/O NAVEEN KUMAR C AGED ABOUT 34 YEARS, PRESENTLY R/AT NO.4/16, 9TH CROSS, 5TH MAIN, NANDHINI LAYOUT BENGALURU-560 096. EARLIER WAS R/AT NO.179, KAMAKSHI NILAYA, 2ND STAGE, AGB LAYOUT, MAHALAKSHMIPURAM BENGALURU-560 086. …APPELLANT (BY SRI. NEHRU.P.,ADVOCATE) AND: SRI. C NAVEEN KUMAR S/O CHIDANANDAPPA AGED ABOUT 38 YEARS, R/AT NO.13, BASAVA JYOTHI, MADAPPA APPANNA ROAD BASAVAN GANGOTHRI, KUMBALGODU, BENGALURU-560 074. PRESENTLY R/AT NO.108B, 1ST FLOOR, 7TH MAIN, RAJA LAYOUT, Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010625662023 NC: 2026:KHC:53016-DB MFA No. 8366 of 2023 C/W MFA No. 650 of 2024 NAGADEVANAHALLI, BENGALURU-560 095. …RESPONDENT (BY SRI. SHAJI T VERGHESE.,ADVOCATE A/W SRI.BALASUBRAMANYA.B.N, ADVOCATE) THIS MFA FILED U/S.19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DT.12.10.2023 PASSED IN MC NO.3016/2015 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED U/S.13(1)(ia) OF THE HINDU MARRIAGE ACT, 1955. IN MFA NO. 650/2024: BETWEEN: SMT. M.R. JYOTHI W/O NAVEEN KUMAR C, AGED ABOUT 34 YEARS, PRESENTLY RESIDING AT NO 4/16, 9TH CROSS, 5TH MAIN, NANDHINI LAYOUT, BENGALURU 560 096. EARLIER WAS RESIDING AT NO 179, KAMAKSHI NILAYA, 2ND STAGE, AGB LAYOUT, MAHALAKSHMIPURAM BENGALURU 560 086. ...APPELLANT (BY SRI. NEHRU.P.,ADVOCATE) AND: SRI.C. NAVEEN KUMAR S/O CHIDANANDAPPA, AGED ABOUT 38 YEARS, R/AT NO 13, BASAVA JYOTHI, MADAPPA APPANNA ROAD, BASAVA GANGOTHRI, KUMBALGODU, BENGALURU 560 074. - 3 - HC-KAR CNR: KAHC010625662023 NC: 2026:KHC:53016-DB MFA No. 8366 of 2023 C/W MFA No. 650 of 2024 PRESENTLY RESIDING AT NO 108, 1ST FLOOR, 7TH MAIN, RAJA LAYOUT, NAGADEVANAHALLI, BENGALURU 560 056. ...RESPONDENT (BY SRI.SHAJI T. VARGHESE, ADVOCATE) THIS MFA FILED U/S.19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DT.12.10.2023 PASSED IN MC NO.3489/2016 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE PETITION FILED U/S.9 OF HINDU MARRIAGE ACT, 1955, FOR RESTITUTION OF CONJUGAL RIGHTS. THESE APPEALS, 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 H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) These appeals have been filed under Section 19(1) of the Family Courts Act, 1984 impugning the judgment and decree passed by the Principal Judge, Family Court, Bengaluru, in M.C.No.3016/2015 c/w M.C.No.3489/2016 whereby the Family Court has allowed the petition filed by the respondent/husband - 4 - HC-KAR CNR: KAHC010625662023 NC: 2026:KHC:53016-DB MFA No. 8366 of 2023 C/W MFA No. 650 of 2024 on the ground of cruelty and dismissed the petition filed by the petitioner/wife for restitution of conjugal rights. 2. During the pendency of this appeal, on the advice of family members and well-wishers, the parties to the appeal have settled their dispute amicably. Consequently, the parties have filed a Joint Memo of Settlement in the presence of their respective advocates, which is also countersigned by their learned advocates. The terms of the joint/compromise petition reads as under: “JOINT MEMO OF SETTLEMENT The Appellant and the Respondent herein, through their respective learned Counsel, most respectfully submit this Joint Memo of Settlement as follows: 1. The parties submit that they have amicably resolved and settled all their disputes and differences arising out of their marital relationship, including the disputes involved in the above appeals and all other pending proceedings initiated by either of the parties against the other. 2. The parties have voluntarily entered into this settlement out of their own free will, consent and understanding, without any force, fraud, coercion or undue influence. 3. The Respondent-Husband has agreed to pay a total sum of Rs 20,00,000/- (Rupees Twenty Lakhs only) to the Appellant-Wife & minor Child Saanvi towards full and final settlement of all her present and future claims, entitlements, maintenance, alimony and all other monetary or allied claims etc arising out of the - 5 - HC-KAR CNR: KAHC010625662023 NC: 2026:KHC:53016-DB MFA No. 8366 of 2023 C/W MFA No. 650 of 2024 matrimonial relationship and the disputes between the parties. 4. The aforesaid full and final settlement Rs.20,00,000/- shall be paid to the Appellant-Wife as follows: amount of The entire amount of Rs 20,00,000/- (Rupees Twenty Lakhs) shall be paid through Demand Draft No. 662298 dated 18.09.2026 drawn in favour of Jyothi M.R drawn on Kotak Mahindra bank, RV College of Engineering Branch at Bengaluru. 5. The parties further agree that, upon compliance with the terms of this settlement, all pending cases, complaints, petitions, appeals, revisions, applications and other proceedings etc (including any other initiated by the appellant and respondent which are not reported in the following list of cases) initiated by either party against the other, arising out of or relating to the matrimonial disputes between the parties, shall be brought to an end. List of Pending Cases :- a) CC No. 3280/2017 - Before Hon'ble XXXII Addl. Chief Judicial Magistrate at Bengaluru - Filed by Jyothi MR. b) CC No. 1882/2017 Before Hon'ble XLVIII Addl. Chief Judicial Magistrate at Bengaluru - Filed by C Naveen Kumar. c) MFA 8366 of 2023 c/w MFA 650 of 2024 In Hon'ble High Court of Karnataka at Bengaluru Filed by Jyothi MR. d) Crl.Misc-742/2024 - Before Hon'ble Principal Judge Family court at Bengaluru - Filed by Jyothi MR. e) WP No. 33061/2024 - In Hon'ble High Court of Karnataka at Bengaluru - Filed by C Naveen Kumar. f) Crl.R.P-855/2025 - In Hon'ble High Court of Karnataka at Bengaluru -Filed by C Naveen Kumar. g) CRL.P-16552/2025 - In Hon'ble High Court of Karnataka at Bengaluru Filed by Jyothi MR. - 6 - HC-KAR CNR: KAHC010625662023 NC: 2026:KHC:53016-DB MFA No. 8366 of 2023 C/W MFA No. 650 of 2024 h) WP No. 7609/2026 In Hon'ble High Court of Karnataka at Bengaluru - Filed by C Naveen Kumar. i) Crl.Misc. No. 194/2015 pending in M.M.T.C-3, at Bengaluru filed by Jyothi MR against C.Naveen Kumar and others J) Crl.Misc. No. 131/2024 pending in M.M.T.C-3, at Bengaluru filed by Jyothi MR against C.Naveen Kumar. 6. The parties state that the above settlement is intended to bring a complete and final resolution to all disputes and claims between them arising out of their matrimonial relationship, and that neither party including the minor child shall have any further claim against the other in respect of the matters covered by this settlement, except for enforcement of the terms of this settlement, if necessary. 7. The Appellant and the Respondent undertake to cooperate with each other and take all necessary steps for the implementation of the settlement and for the withdrawal or disposal of the pending proceedings, in accordance with law. 8. It is mutually agreed that the permanent custody of the minor child Saanvi shall remain with Appellant Wife/Mother. However, the respondent husband or father shall be entitled to visitation rights and access to the minor child, subject always to the welfare, safety, Comfort and best interests of the child. 9. The Appellant-Wife agrees and undertakes that the Respondent-Husband shall have the right to meet and interact with the minor female child, Saanvi, once every 15 days preferably on Saturdays in Orion Mall, Rajajinagar between 4.00 P.M to 6.00 P.M. The Appellant- Wife shall cooperate and shall not obstruct or prevent such visitation/access. The Respondent-Husband shall be permitted to meet the minor child during the said timings. The parties agree that such visitation/access shall be exercised peacefully and in the best interest and welfare of the minor child. - 7 - HC-KAR CNR: KAHC010625662023 NC: 2026:KHC:53016-DB MFA No. 8366 of 2023 C/W MFA No. 650 of 2024 10. The parties are personally present before this Hon'ble Court and confirm that they have read and understood the terms of this Joint Memo and are executing the same voluntarily and of their own free will. 11. The parties have amicably settled the matter, hence the parties prays this Hon'ble court to record this joint memo and dispose this case and list of cases pending before respective Hon'ble courts, in accordance with law, so as to give full and final effect to the settlement arrived at between the parties in the interest of justice and equity.” 3. In terms of settlement arrived at between the parties, the respondent/husband has handed over Demand Draft bearing No.662298 dated 18.09.2026 for a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only), drawn in favour of the appellant/wife, during the Court proceedings. 4. In the light of the compromise petition, both the appeals stand disposed of, by setting aside the Judgment and Decree passed by the Family Court in M.C.No.3016/2015 c/w M.C.No.3489/20165. The Marriage between the appellant/wife and respondent/husband solemnized on 18.09.2013 is hereby dissolved by mutual consent. The Registry is directed to draw the decree accordingly. - 8 - HC-KAR CNR: KAHC010625662023 NC: 2026:KHC:53016-DB MFA No. 8366 of 2023 C/W MFA No. 650 of 2024 In view of disposal of the appeal, pending interlocutory applications, if any, stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE KNM List No.: 1 Sl No.: 35