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2026 DAILYLAW 8169 (KAR)

SMT. VINITHA v. SRI. SURESH BABU

MFA/443/2025 · 2026-02-19

Jayant Banerji, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10396-DB MFA No. 443 of 2025 C/W MFA No. 465 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH 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. 443 OF 2025 (FC) C/W MISCELLANEOUS FIRST APPEAL NO. 465 OF 2025 (FC) IN MFA No. 443/2025 BETWEEN: SMT. VINITHA, W/O. SURESH BABU, D/O KANNAN P V R , AGED ABOUT 56 YEARS, NO.21, 14TH A CROSS, BHUVANESHWARI NAGAR, HEBBAL, KEMPAPURA, BANGALORE - 560 024. …APPELLANT (BY SRI. K SHEELA ANISH, ADVOCATE) AND: SRI. SURESH BABU, S/O GOVINDAN NAIR, AGED ABOUT 59 YEARS, NO.2, GOVINDAM, MARUTHI LAYOUT, DASARAHALLI, BANGALORE - 560 038. …RESPONDENT (BY SRI. MISHA THOMAS, ADVOCATE) Digitally Signed by REKHA R Location : High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10396-DB MFA No. 443 of 2025 C/W MFA No. 465 of 2025 THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED 20.08.2024 PASSED IN M.C.NO.2477/2015 ON THE FILE OF THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, DISMISSING THE PETITION FILED UNDER SECTION 13(1)(i)(ia) OF THE HINDU MARRIAGE ACT. IN MFA NO. 465/2025 BETWEEN: SMT. VINITHA, W/O. SURESH BABU C, D/O. KANNAN P V R, AGED ABOUT 56 YEARS, NO.21, 14TH A CROSS, BHUVANESHWARI NAGAR, HEBBAL, KEMPAPURA, BANGALORE - 560 024. ...APPELLANT (BY SRI. K SHEELA ANISH, ADVOCATE) AND: SRI. SURESH BABU C, S/O GOVINDAN NAIR, AGED ABOUT 59 YEARS, NO.2, GOVINDAM, 4TH CROSS, MARUTHI LAYOUT, DASARAHALLI, HEBBAL BANGALORE - 560 024. ...RESPONDENT (BY SRI. MISHA THOMAS, ADVOCATE) THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED - 3 - HC-KAR NC: 2026:KHC:10396-DB MFA No. 443 of 2025 C/W MFA No. 465 of 2025 20.08.2024 PASSED IN M.C.NO.3266/2016 ON THE FILE OF THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION 9 OF THE HINDU MARRIAGE ACT. 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) A memorandum of settlement under Section 89 of the CPC is on record along with the report of the Karnataka Mediation Centre reporting settlement between the parties. The said memorandum of settlement is signed by the parties and countersigned by their respective advocates. The parties are present in Court and have been identified by their respective advocates. They have also submitted photocopies of their Aadhar Cards, which is accepted on record. - 4 - HC-KAR NC: 2026:KHC:10396-DB MFA No. 443 of 2025 C/W MFA No. 465 of 2025 2. We have perused the memorandum of settlement. An amount of Rs.21,00,000/- (Rupees Twenty One Lakhs only) has been paid by the husband to the wife towards permanent alimony/maintenance as full and final settlement of all her claims by means of two Bank Drafts which have been handed over today to the wife. The settlement also reflects that the parties have already exchanged their valuable articles and other personal belongings and as such, they have no claims in that regard. They have no claims for the movables/ immovable properties against each other either existing or to be acquired in future. They have agreed to withdraw all the cases pending against them as well as the allegations made against each other in MFA No.443/2025 and MFA No.465/2025. The parties state that they have entered into the compromise on their own free will and accord without any undue influence or coercion. In Paragraph III of the settlement, it has been stated as follows: - 5 - HC-KAR NC: 2026:KHC:10396-DB MFA No. 443 of 2025 C/W MFA No. 465 of 2025 "III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble High Court be pleased to set aside the decree in M.C.No.3266/2016 by allowing MFA No.465/2025 and allow MFA No.443/2025 by granting a decree of divorce and dissolve the marriage between the parties solemnized on 19.01.1997 at Sri.Krishna Temple, Thaliparamba, Kerala State in terms of this settlement agreement." 3. In view of the above, the MFA No.465/2025 seeking to set-aside the Judgment and Decree dated 20.08.2024 in M.C.No.3266/2016, whereby the application under Section 9 of the Hindu Marriage Act, 1954 was allowed, is set-aside and the MFA No.465/2025 is allowed. 4. The MFA No.443/2025 filed against the Judgment and Decree dated 20.08.2024 in M.C.No.2477/2015, dismissing the petition filed by the wife under Section 13(1)(i)(ia) of the Hindu Marriage Act, - 6 - HC-KAR NC: 2026:KHC:10396-DB MFA No. 443 of 2025 C/W MFA No. 465 of 2025 1954, is set-aside and the MFA No.443/2025 is allowed by dissolving the marriage and granting the decree of divorce. A decree shall issue accordingly. The aforesaid settlement shall form part of the decree. 5. In view of disposal of the appeals, pending I.A's, if any, stand disposed of. Sd/- (JAYANT BANERJI) JUDGE Sd/- (T.M.NADAF) JUDGE TKN List No.: 1 Sl No.: 37