Sri Ashwath Narayana C Vs Smt K Manjula — Matrimonial and Divorce | Karnataka HC (2026)

Sri Ashwath Narayana C Vs Smt K Manjula — Matrimonial and Divorce | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Decree of divorce granted on mutual consent under Section 13-B of the Hindu Marriage Act, dissolving the marriage solemnised on 05.05.1988; the memorandum-of-compromise terms form part of the decree, including transfer of the appellant's residential and commercial property at Lurdu Nagar, Shivamogga (Katha No.47, Assessment No:47-47-1440/5) to the respondent by gift deed within one month, with stamp duty and registration expenses paid by the appellant.

Issue for consideration

Whether the judgment and decree dated 20.09.2022 passed in M.C.No.277/2021 by the Principal Judge, Family Court, Shivamogga, dismissing the appellant-husband's divorce petition under Sections 13(1)(i-a) and 13(i-b) of the Hindu Marriage Act, should be set aside. +1 more

Ratio / Principle

Finding it a fit case, the court allowed the parties' joint application under Section 13B of the Hindu Marriage Act for divorce by mutual consent.

Key takeaways

The marriage entered into between the parties on 05.05.1988 in Smt. Puttamma Venkataramaiah Choultry at Bangaluru is dissolved and a decree of divorce is directed to issue.ratio¶51
The terms mentioned in the memorandum of compromise shall form part of the decree.ratio¶51
The transfer of the property envisaged in the memorandum of compromise shall be effected by the appellant executing a gift deed in favour of the respondent.ratio

Detailed headnote1 paragraphs

MFA (FC) No. 631 of 2023, High Court of Karnataka at Bengaluru, decided 12.01.2026 (oral judgment per Justice Jayant Banerji; bench with Justice T.M. Nadaf). Husband appealed under Section 19(1) of the Family Courts Act, 1984 against the judgment and decree dated 20.09.2022 of the Principal Judge, Family Court, Shivamogga (M.C.No.277/2021) dismissing his petition under Sections 13-1(i-a) and (i-b) of the Hindu Marriage Act. During the appeal the parties filed a memorandum of compromise: valuable articles exchanged; appellant agreed to transfer his residential and commercial RCC property (Katha No.47, Assessment No:47-47-1440/5, Lurdu Nagar, Shivamogga) to the respondent towards full and final settlement of permanent alimony, maintenance and property-rights claims, with mutual waiver of all past, present and future civil or criminal claims arising out of the matrimonial relationship. On a joint application under Section 13-B of the Hindu Marriage Act (supported by affidavits), the court found it a fit case, allowed the application, dissolved the marriage of 05.05.1988 solemnised at Smt. Puttamma Venkataramaiah Choultry, Bangaluru, and directed a decree of divorce, making the compromise memorandum part of the decree; property transfer by gift deed within one month at the appellant's expense. Appeal disposed of.

1 -

NC: 2026:KHC:1738-DB MFA No. 631 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF JANUARY, 2026

PRESENT

THE HON'BLE MR. JUSTICE JAYANT BANERJI

AND

THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO. 631 OF 2023 (FC)

BETWEEN:

SRI. ASHWATH NARAYANA C., S/O LATE CHIKKANNA M., AGED ABOUT 64 YEARS, R/O 90, 4^TH CROSS, ACHYUTHA RAO LAYOUT, SHIVAMOGGA - 577 201.

…APPELLANT

(BY SRI. K V SATEESH CHANDRA., ADVOCATE)

AND:

Digitally Signed by REKHA R Location : High Court of Karnataka

SMT. K MANJULA, W/O ASHWATH NARAYANA, AGED ABOUT 57 YEARS, R/O. BACKSIDE TO DR. AMBEDKAR POST-METRIC BOYS HOSTEL, SURYA LAYOUT, BOMMANAKATTE, SHIVAMOGGA - 577 204.

…RESPONDENT

(BY SMT. K.T. MALINI, ADVOCATE)

2 -

NC: 2026:KHC:1738-DB MFA No. 631 of 2023

HC-KAR

THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, 1984, AGAINST THE JUDGMENT AND DECREE DT.20.09.2022 PASSED IN MC NO.277/2021 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA, DISMISSING THE PETITION FILED U/S.13-1(i-a) AND (i-b) OF THE HINDU MARRIAGE ACT.

THIS APPEAL, 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 compromise petition has been filed, in which it is stated that:

The appellant and respondent have already exchanged their valuable articles such as gold, silver and other belongings.

1.1 A property which is residential and commercial in Katha No.47, Assessment No:47-47-1440/5, consisting of RCC building, situated at Lurdu Nagar,

3 - NC: 2026:KHC:1738-DB MFA No. 631 of 2023

HC-KAR

Shivamogga, has been agreed to be transferred by the appellant in favour of the respondent towards full and final settlement of permanent alimony.

1.2 The respondent has accepted the said property

in final settlement for all her past, present and future claims including claims for permanent alimony, maintenance or property rights of the appellant's remaining property or whatsoever against the appellant.

1.3 They have mutually agreed that neither party shall hereafter make any claim, demand, or initiate any civil or criminal proceedings against each other arising out of the matrimonial relationship, and all such claims, if any, shall be deemed to have been finally settled.

1.4 The appellant and respondent would not have

any claim whatsoever manner against each other over the movable and immovable properties either existing or to be acquired by them in future.

4 - NC: 2026:KHC:1738-DB MFA No. 631 of 2023

HC-KAR

The aforesaid compromise has been signed by

the parties and countersigned by their respective advocates.

They have produced their Aadhar card for verification by the Court. Photocopies of the Aadhar cards bearing the signature of the respective parties and the advocate is taken on record.

The appeal is filed by the appellant-husband,

seeking to set aside the judgment and decree passed by

the Principal Judge Family Court, Shivamogga in M.C.No.277/2021 dated 20.09.2022. By means of the aforesaid impugned order, the petition filed by the appellant-husband under Sections 13(1)(i-a) and 13(i-b) of the Hindu Marriage Act, was dismissed.

In view of the aforesaid settlement, all disputes are sought to be brought to a close.

5 - NC: 2026:KHC:1738-DB MFA No. 631 of 2023

HC-KAR

Today, an application has been filed under

Section 13-B of the Hindu Marriage Act, jointly by the parties seeking grant of decree of divorce on the ground of mutual consent. A joint memo has been filed by the parties also today iterating the terms of the compromise aforesaid. The application under Section 13-B is supported by an affidavit signed by both parties.

We find that it is a fit case for allowing the application under Section 13B of the Hindu Marriage Act. The application is accordingly allowed. The Marriage entered into between the parties on 05.05.1988 in Smt. Puttamma Venkataramaiah Choultry at Bangaluru is hereby dissolved and a decree of divorce is directed to issue. The terms mentioned in the memorandum of compromise shall form part of the decree.

The transfer of property envisaged in the memorandum of compromise shall be duly effected by executing a gift deed in favour of the respondent, within a

6 -

NC: 2026:KHC:1738-DB MFA No. 631 of 2023

HC-KAR

period of one month from today. All expenses regarding stamp duty, registration, etc. shall be paid by the appellant.

9. The appeal is accordingly disposed of .

Sd/(JAYANT BANERJI) JUDGE

Sd/(T.M.NADAF) JUDGE

RR List No.: 1 Sl No.: 31 ct-vn