Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:5886-DB MFA No. 2451 of 2017 C/W MFA No. 2452 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE JAYANT BANERJI AND THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 2451 OF 2017 (FC) C/W MISCELLANEOUS FIRST APPEAL NO. 2452 OF 2017
IN MFA No. 2451/2017 BETWEEN:
SRI. PRABHU, S/O N.PUTTANNA, AGED ABOUT 42 YEARS, R/AT NO.1007, 'JAYA' NILAYA, CHURCH ROAD, NEW THIPPASANDRA, BANGALORE - 560 075.
…APPELLANT (BY SRI. PRASHANTH CHANDRA S N., ADVOCATE) AND:
SMT. P. SUMA, W/O PRABHU, AGED ABOUT 34 YEARS, R/AT NO.31, 'SHUBHASHREE', 11TH CROSS, 3RD MAIN, PRASHANTHNAGAR, BANGALORE - 560 079.
…RESPONDENT
Digitally Signed by REKHA R Location : High Court of Karnataka
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HC-KAR NC: 2026:KHC:5886-DB MFA No. 2451 of 2017 C/W MFA No. 2452 of 2017
(BY SMT. RAMA R IYER, ADVOCATE)
THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE
JUDGMENT AND DECREE DATED:24.01.2017 PASSED IN M.C.NO.1713/2010 ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(ia) & (ib) OF HINDU MARRIAGE ACT.
IN MFA NO. 2452/2017 BETWEEN:
SRI. PRABHU, S/O N. PUTTANNA, AGED ABOUT 42 YEARS, R/AT NO. 1007, JAYA NILAYA, CHURCH ROAD, NEW THIPPASANDRA, BANGALORE - 560 075. ...APPELLANT (BY SRI. PRASHANTH CHANDRA S N., ADVOCATE) AND:
SMT. P. SUMA, W/O PRABHU, AGED ABOUT 34 YEARS, R/AT NO.31, 'SHUBHASHREE', 11TH CROSS, 3RD MAIN, PRASHANTHNAGAR, BANGALORE - 560 079. ...RESPONDENT (BY SMT. RAMA R IYER, ADVOCATE) THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED: 24.01.2017 PASSED IN M.C.NO.2619/2010 ON THE FILE OF THE V ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 9 OF HINDU MARRIAGE ACT, FOR RESTITUTION OF CONJUGAL RIGHTS.
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HC-KAR NC: 2026:KHC:5886-DB MFA No. 2451 of 2017 C/W MFA No. 2452 of 2017
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI)
The parties in person along with their respective advocates are present in Court.
2. On 30.01.2026, a memorandum of settlement dated 29.01.2026 along with a joint affidavit of the parties was filed which records the terms of the settlement between the parties.
3. The terms of the settlement, inter-alia records that towards full and final settlement of all claims arising out of the marital relationship including maintenance, permanent alimony, past, present and future claims of any nature whatsoever, the appellant has agreed to pay and the respondent has agreed to receive a total sum of
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HC-KAR NC: 2026:KHC:5886-DB MFA No. 2451 of 2017 C/W MFA No. 2452 of 2017
₹85,00,000/- (Rupees Eight Five Lakhs only) which is to be paid in the following instalments: a. ₹30,00,000/- On 02.02.2026 b. ₹30,00,000/- On 28.03.2026 c. ₹25,00,000/- On 28.04.2026
4. A memo has been filed today in Court signed/bearing thumb impression of the parties which are countersigned by their respective advocates acknowledging receipt of a sum of ₹30,00,000/- by Demand Draft.
5. An application has also been filed under Section 13B and Section 13B(2) of the Hindu Marriage Act, which is supported by a joint affidavit of the parties, seeking grant of a decree of divorce through mutual consent.
6. MFA.No.2451/2017 was filed against the
judgment and decree dated 24.01.2017 passed by the V Additional Principal Judge Family Court, Bengaluru, in MC.No.1713/2010, which was filed by the petitioner-
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HC-KAR NC: 2026:KHC:5886-DB MFA No. 2451 of 2017 C/W MFA No. 2452 of 2017
husband under Section 13(1)(ia)(ib) of the Hindu Marriage Act.
7. MFA.No.2452/2017 is filed against the
judgment and decree dated 24.01.2017 passed by the V Additional Principal Judge Family Court, Bengaluru, in M.C.No.2619/2010, that was filed by the wife under Section 9 of the Hindu Marriage Act, seeking a decree for restitution of conjugal rights.
8. The parties who are present in Court affirm that by virtue of the joint settlement of agreement, nothing survives in the aforesaid appeals and the same be
disposed of in terms of the settlement while granting the decree of divorce on the ground of mutual consent.
9. We have perused the joint memo of compromise and we find that the parties have entered into the settlement out of their own free will and accord without any undue influence. We deem it fit to grant our imprimatur to the aforesaid memorandum of settlement.
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HC-KAR NC: 2026:KHC:5886-DB MFA No. 2451 of 2017 C/W MFA No. 2452 of 2017
10. Under the
facts and circumstances, the application filed under Section 13B of the Hindu Marriage Act is allowed and a decree of divorce shall accordingly be issued. The terms of the Memorandum of settlement shall form part of the decree.
11. The Appellant shall be bound to comply with the terms of the payments of the remaining instalments of the amount agreed, failing which, in addition to execution, Contempt of Court proceedings may also be initiated. The appeals accordingly stand disposed of. Pending applications if any, shall stand disposed of.
Sd/- (JAYANT BANERJI) JUDGE
Sd/- (T.M.NADAF) JUDGE
RR List No.: 1 Sl No.: 32 ct-vn