Smt Shanthala B M Vs B R Avinash Babu — Maintenance and Alimony | Karnataka HC (2026)

Smt Shanthala B M Vs B R Avinash Babu — Maintenance and Alimony | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Both Miscellaneous First Appeals (MFA Nos.1244/2023 and 1242/2023) disposed of pursuant to the parties' compromise dated 16.02.2026 filed in Court: the wife-appellant accepted the Family Court's decree/orders in M.C. No.3212/2015, M.C. No.1663/2016 and R.P.F.C No.74/2023 and withdrew her challenges; permanent alimony was secured by a gift deed executed 07.02.2026 and registered 11.02.2026 conveying Apartment No.E-909, 8th floor, Phase I, 'O' Block, 'PLATINUM CITY', with which the Court recorded her satisfaction; parties held bound by the terms of the compromise now on the Court's record.

Issue for consideration

Whether the decree of divorce granted by the Family Court in M.C No.3212/2015 should be set aside (challenge in M.F.A. No.1244/2023). +1 more

Court's answer

By the compromise dated 16.02.2026 filed in Court, the appellant conceded to accept the decree granted by the Family Court in M.C. No.3212/2015 and the orders passed in M.C. No.1663/2016 as well as in R.P.F.C No.74/2023; she categorically stated she would no longer be the wedded wife of the respondent and withdrew all three cases.

Ratio / Principle

Permanent alimony was settled through a gift deed executed on 07.02.2026 and registered on 11.02.2026, whereby the respondent transferred to the appellant Apartment No.E-909 on the 8th floor, Phase I, 'O' Block of 'PLATINUM CITY'; after perusing the annexed deed, the Court recorded that the appellant is satisfied with it towards her claim for permanent alimony.

Key takeaways

Since the appellant sought to withdraw the aforementioned appeals in view of the compromise petition, both appeals stand disposed of, and the parties are bound by the terms of the compromise which now form part of the record of the Court.ratio¶58

Detailed headnote1 paragraphs

MFA Nos.1244/2023 & 1242/2023 (FC), High Court of Karnataka (DB: Jayant Banerji & T.M. Nadaf JJ.), oral judgment dated 16.02.2026: Both appeals arising from the common judgment dated 17.12.2021 of the III Additional Principal Judge, Family Court, Bengaluru - the decree of divorce under Sections 13(1)(ia) & (ib), Hindu Marriage Act granted in M.C No.3212/2015 favouring the husband, and the dismissal of the wife's Section 9 restitution petition in M.C No.1663/2016 - were disposed of on a compromise dated 16.02.2026 filed in Court. The wife-appellant conceded to accept the Family Court's decree/orders (including in R.P.F.C No.74/2023), stated she ceased to be the wedded wife, and withdrew all three matters; permanent alimony was secured by a gift deed dated 07.02.2026 (registered 11.02.2026) transferring Apartment No.E-909, 8th floor, Phase I, 'O' Block, 'PLATINUM CITY', with which the Court recorded her satisfaction; the parties were held bound by the compromise terms now on the Court's record. No merits adjudication occurred; no precedent was engaged.

1 - NC: 2026:KHC:9300-DB MFA No. 1244 of 2023 C/W MFA No. 1242 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH 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.1244 OF 2023 (FC)

C/W

MISCELLANEOUS FIRST APPEAL NO.1242 OF 2023 (FC)

IN M.F.A. No.1244/2023

BETWEEN:

Digitally signed by K G RENUKAMBA Location: HIGH COURT OF KARNATAKA

SMT. SHANTHALA B M W/O B R AVINASH BABU D/O LATE MAHALINGAPPA AGED ABOUT 44 YEARS R/AT NO.3009/4, MAHAVI 2^ND MAIN, 2^ND STAGE 17^TH CROSS, BANASHANKARI BENGALURU – 560 070

(BY SRI. ADARSH M LIMBIKAI, ADVOCATE)

AND:

…APPELLANT

SRI. B R AVINASH BABU S/O LATE B RUDRA GOWDA AGED ABOUT 49 YEARS R/AT NO.68/8, KRISHNA BLOCK 1^ST MAIN ROAD, SESHADRIPURAM BENGALURU – 560 020

…RESPONDENT

(BY SRI. M ASWATHANARAYANA REDDY, ADVOCATE)

2 -

NC: 2026:KHC:9300-DB MFA No. 1244 of 2023 C/W MFA No. 1242 of 2023

HC-KAR

THIS MFA IS FILED U/S.19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DT.17.12.2021 PASSED IN M.C NO.3212/2015 ON THE FILE OF THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION FILED U/S.13(1)(ia) AND (ib) OF HINDU MARRIAGE ACT.

IN M.F.A. NO.1242/2023

BETWEEN:

SMT. SHANTHALA B M W/O B. R. AVINASH BABU, D/O. LATE MAHALINGAPPA, AGED ABOUT 44 YEARS, R/AT NO.3009/4, MAHAVI, 2^ND MAIN, 2^ND STAGE, 17^TH CROSS, BANASHANKARI, BENGALURU - 560070

...APPELLANT

(BY SRI. ADARSH M LIMBIKAI, ADVOCATE)

AND:

SRI. B R AVINASH BABU S/O LATE B. RUDRA GOWDA, AGED ABOUT 49 YEARS, R/AT NO. 68/8, KRISHNA BLOCK, 1^ST MAIN ROAD, SESHADRIPURAM, BENGALURU - 560020.

...RESPONDENT

(BY SRI. M ASWATHANARAYANA REDDY, ADVOCATE)

THIS MFA IS FILED U/S 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 17.12.2021 PASSED IN MC NO.1663/2016 ON THE FILE OF THE III ADDITIONAL PRL. JUDGE, FAMILY CURT, BENGALURU, DISMISSING 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:

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HC-KAR

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 are present in-person who have been identified by their respective advocates. The dispute is between the appellant who is the wife and the respondent who is the husband which arises out of matrimonial discord. The parties have entered into a compromise dated 16.02.2026, which is filed today in Court, in which the terms of the compromise have been narrated.

The marriage of the parties had taken place on 29.11.2002 and they have a son, who is now aged about 22 years.

A divorce petition was filed by the respondent in M.C No.3212/2015 on the ground of desertion and cruelty against the appellant. Thereafter, the appellant filed a petition for restitution of conjugal rights in M.C No.1663/2016. Both the cases were clubbed together and common evidence was led.

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HC-KAR

M.C No.3212/2015 for divorce has been decreed by the Family Court but M.C No.1663/2016 filed by the appellant for restitution of conjugal rights is dismissed by means of the common judgment dated 17.12.2021.

In the meanwhile, the appellant had also filed a maintenance petition under Section 125 of Cr.P.C., in Crl.Misc No.249/2016 before the Family Court, Bengaluru and had also filed a suit for partition when their son was a minor, on his behalf, in O.S No.7236/2017 on the file of the City Civil Court, Bengaluru.

Against the decree/orders passed by the Family Court in the aforesaid M.C NoS.3212/2015, 1663/2016 and Crl.Misc No.249/2016, two MFAs were filed which are listed today namely M.F.A. No.1244/2023 to set aside the decree of divorce and M.F.A. No.1242/2023 to set aside the order rejecting the appellant's petition for restitution of conjugal rights. Further, separately, R.P.F.C No.74/2023, challenging the order of the Family Court rejecting the appellant's maintenance petition, has also been filed.

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HC-KAR

By means of the compromise entered on 16.02.2026, the appellant has conceded to accept the decree granted by the Family Court in M.C. No.3212/2015 and the orders passed in M.C. No.1663/2016 as well as in R.P.F.C No.74/2023. The appellant has categorically stated that in view of the said compromise entered into between the parties, she would no longer be the wedded wife of the respondent and she is withdrawing all the aforesaid three cases.

In view of the settlement aforesaid, towards permanent alimony, a gift deed executed on 07.02.2026 by the respondent in favour of the appellant, which gift deed was registered on 11.02.2026, the respondent has transferred in favour of the appellant an apartment bearing No.E-909, situated on the 8^th floor, Phase I in “O” Block of “PLATINUM CITY” constructed on the Schedule ‘A’ property mentioned therein with all amenities and conditions.

We have perused the annexed gift deed and note that the appellant is satisfied with the aforesaid gift deed towards her claim for permanent alimony. Since the appellant has sought to withdraw the aforementioned appeals, in view of

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HC-KAR

the compromise petition aforesaid, these appeals stand disposed of. The parties are bound by the terms of the

compromise which are now part of the record of this Court.

Sd/(JAYANT BANERJI) JUDGE

Sd/(T.M.NADAF) JUDGE

KG List No.: 1 Sl No.: 4