Allowed¶53

Smt. Vinitha v. Sri. Suresh Babu

Karnataka HC19 Feb 2026MFA/443/2025

Case brief

AI extract

What is this about?

Consent/settlement disposal of cross-appeals; memorandum of settlement under S.89 CPC; Karnataka Mediation Centre report; Rs.21,00,000/- permanent alimony by two Bank Drafts; decree of divorce dissolving marriage of 19.01.1997; S.9 HMA restitution decree (M.C.No.3266/2016) set aside; S.13(1)(i)(ia) HMA divorce petition (M.C.No.2477/2015) reversal; MFA No.443/2025; MFA No.465/2025; Family Court Bengaluru; Vinitha v. Suresh Babu; NC: 2026:KHC:10396-DB.

What did the court decide?

Both MFAs allowed: judgment and decree dated 20.08.2024 in M.C.No.3266/2016 set aside; marriage solemnized on 19.01.1997 dissolved by grant of decree of divorce; settlement made part of the decree; pending I.A.s disposed of. ¶53

Smt. Vinitha Vs Sri. Suresh Babu — Matrimonial and Divorce | Karnataka HC (2026)

What the court decided

AI extract

Outcome

¶53

Issue for consideration

Whether the two appeals could be disposed of in terms of the memorandum of settlement arrived at between the parties through the Karnataka Mediation Centre, invoked under Section 89 of the CPC. +2 more

¶37

Court's answer

The Court perused the memorandum of settlement and noted that the husband paid Rs.21,00,000/- (Rupees Twenty One Lakhs only) to the wife towards permanent alimony/maintenance as full and final settlement of all her claims by means of two Bank Drafts handed over to her in Court.

¶41

Ratio / Principle

The Court recorded that the parties entered into the compromise on their own free will and accord without any undue influence or coercion, having exchanged their valuable articles and personal belongings and agreed to withdraw all pending cases and allegations against each other.

¶41

Key takeaways

MFA No.465/2025 is allowed and 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.ratio¶47
MFA No.443/2025 is allowed by dissolving the marriage and granting the decree of divorce; the judgment and decree dated 20.08.2024 in M.C.No.2477/2015 is set aside, a decree shall issue accordingly, and the settlement shall form part of the decree.ratio¶53

Detailed headnote1 paragraphs

High Court of Karnataka, Bengaluru (DB: Jayant Banerji & T.M. Nadaf JJ.; oral judgment per Banerji J.), 19.02.2026 - MFA No.443/2025 c/w MFA No.465/2025 (FC), filed under S.19(1) of the Family Court Act against the judgments and decrees dated 20.08.2024 of the III Additional Principal Judge, Family Court, Bengaluru: dismissal in M.C.No.2477/2015 of the wife's divorce petition under S.13(1)(i)(ia) Hindu Marriage Act, and allowance in M.C.No.3266/2016 of the husband's petition under S.9 Hindu Marriage Act. On a memorandum of settlement under S.89 CPC with the Karnataka Mediation Centre report - husband paying Rs.21,00,000/- towards permanent alimony/maintenance as full and final settlement by two Bank Drafts, exchange of articles completed, mutual withdrawal of all cases and allegations, consent recorded as free and voluntary - both appeals were allowed: the decree in M.C.No.3266/2016 was set aside, the marriage solemnized on 19.01.1997 was dissolved by a decree of divorce, the settlement was made part of the decree, and pending I.A.s stood disposed of.

¶1

¶2

NC: 2026:KHC:10396-DB MFA No. 443 of 2025 C/W MFA No. 465 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF FEBRUARY, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE JAYANT BANERJI

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AND

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THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 443 OF 2025 (FC)

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C/W

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MISCELLANEOUS FIRST APPEAL NO. 465 OF 2025 (FC)

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IN MFA No. 443/2025

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BETWEEN:

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Digitally Signed by REKHA R Location : High Court of Karnataka

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SMT. VINITHA, W/O. SURESH BABU, D/O KANNAN P V R , AGED ABOUT 56 YEARS, NO.21, 14^TH A CROSS, BHUVANESHWARI NAGAR, HEBBAL, KEMPAPURA, BANGALORE - 560 024. …APPELLANT (BY SRI. K SHEELA ANISH, ADVOCATE) AND:

¶15

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)

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2 - NC: 2026:KHC:10396-DB MFA No. 443 of 2025 C/W MFA No. 465 of 2025

¶17

HC-KAR

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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.

¶19

IN MFA NO. 465/2025

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BETWEEN:

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SMT. VINITHA, W/O. SURESH BABU C, D/O. KANNAN P V R, AGED ABOUT 56 YEARS, NO.21, 14^TH A CROSS, BHUVANESHWARI NAGAR, HEBBAL, KEMPAPURA, BANGALORE - 560 024.

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...APPELLANT

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(BY SRI. K SHEELA ANISH, ADVOCATE)

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AND:

¶25

SRI. SURESH BABU C, S/O GOVINDAN NAIR, AGED ABOUT 59 YEARS, NO.2, GOVINDAM, 4^TH CROSS, MARUTHI LAYOUT, DASARAHALLI, HEBBAL BANGALORE - 560 024.

¶26

...RESPONDENT

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(BY SRI. MISHA THOMAS, ADVOCATE)

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THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED

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3 - NC: 2026:KHC:10396-DB MFA No. 443 of 2025 C/W MFA No. 465 of 2025

¶30

HC-KAR

¶31

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.

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THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE JAYANT BANERJI)

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A memorandum of settlement under Section 89 of

¶37

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.

¶38

4 - NC: 2026:KHC:10396-DB MFA No. 443 of 2025 C/W MFA No. 465 of 2025

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HC-KAR

¶40

We have perused the memorandum of

¶41

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:

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5 - NC: 2026:KHC:10396-DB MFA No. 443 of 2025 C/W MFA No. 465 of 2025

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HC-KAR

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"III. In view of the aforesaid agreement

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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."

¶46

In view of the above, the MFA No.465/2025

¶47

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

¶48

allowed .

¶49

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,

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¶51

NC: 2026:KHC:10396-DB MFA No. 443 of 2025 C/W MFA No. 465 of 2025

¶52

HC-KAR

¶53

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.

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In view of disposal of the appeals, pending I.A's, if any, stand disposed of.

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Sd/(JAYANT BANERJI) JUDGE

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Sd/(T.M.NADAF) JUDGE

¶57

TKN

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List No.: 1 Sl No.: 37

Smt. Vinitha v. Sri. Suresh Babu

Case brief

What is this about?

What did the court decide?

Smt. Vinitha v. Sri. Suresh Babu

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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