HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND 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.

D igitally Signed by …APPELLANT REKHA R (BY SRI. PRASHANTH CHANDRA S N., ADVOCATE)

Location :

High Court AND:

of Karnataka SMT. P. SUMA, W/O PRABHU, AGED ABOUT 34 YEARS, R/AT NO.31, 'SHUBHASHREE', 11^TH CROSS, 3^RD MAIN, PRASHANTHNAGAR, BANGALORE - 560 079.

…RESPONDENT HC-KAR (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', 11^TH CROSS, 3^RD 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.

HC-KAR 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 HC-KAR ₹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-

HC-KAR 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 pe