Smt Hema G Vs Sri C Diwakara — Matrimonial and Divorce | Karnataka HC (2026)

Smt Hema G Vs Sri C Diwakara — Matrimonial and Divorce | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Memorandum of compromise accepted; judgment and decree dated 14.06.2018 in M.C.No.2319/2013 (decree of divorce) set aside; terms of the compromise form part of the decree; appeal disposed of.

Issue for consideration

Whether the memorandum of compromise petition filed by the parties, supported by a verifying affidavit, should be accepted and the judgment and decree of divorce dated 14.06.2018 in M.C.No.2319/2013 set aside.

Court's answer

The memorandum of compromise petition, supported by a verifying affidavit and entered into by the parties of their own free will without undue influence or coercion, is accepted.

Ratio / Principle

The judgment and decree dated 14.06.2018 passed by the III Additional Principal Judge, Family Court, Bengaluru in M.C.No.2319/2013 is set aside.

Key takeaways

The terms of the compromise shall form part of the decree.ratio¶36
The appeal is disposed of in terms of the compromise.ratio¶37

Detailed headnote1 paragraphs

Miscellaneous First Appeal under S.19(1) of the Family Courts Act by the wife against the judgment and decree dated 14.06.2018 of the III Additional Principal Judge, Family Court, Bengaluru in M.C.No.2319/2013, whereby the husband's petition under S.13(1)(ia) of the Hindu Marriage Act, 1955 was allowed and divorce granted. During the pendency of the appeal, on the intervention of elders and family friends, the parties amicably settled; the respondent-husband took back the appellant-wife and their minor son Master Vaibhav (aged about 14 years) to the matrimonial home. A memorandum of compromise petition, supported by a verifying affidavit and stated in Court to be free from undue influence or coercion and entered into of the parties' own free will, was accepted. The judgment and decree dated 14.06.2018 were set aside, the terms of the compromise were made part of the decree, and the appeal was disposed of. (Per Jayant Banerji, J., for the Bench of Jayant Banerji and Rajesh Rai K, JJ.)

NC: 2026:KHC:17874-DB MFA No.7598 of 2018

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF APRIL, 2026 PRESENT

THE HON'BLE MR. JUSTICE JAYANT BANERJI

AND

THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7598 OF 2018 (FC)

BETWEEN:

SMT HEMA G W/O C.DIWAKARA D/O GANGAIAH AGED ABOUT 33 YEARS OCC: HOUSEWIFE R/AT THOREHALLI GRAMA MADEYANAHALLI POST GUBBI TALUK, TUMKUR DISTRICT

…APPELLANT

(BY SRI CHIKKANAGOUDAR L S, ADVOCATE)

AND:

Digitally signed by KAVYA G Location: High Court of Karnataka

SRI C DIWAKARA S/O LATE C.LAKKANNA AGED ABOUT 40 YEARS OCC: INTERIOR DECORATOR R/AT NO.44, 6^TH CROSS DEVEGOWDA BLOCK, ADUGODI BANGALORE-560 030

…RESPONDENT

(BY SRI NAGARAJU, ADVOCATE)

THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 14.06.2018 PASSED IN M.C.NO.2319/2013 ON THE FILE OF THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, ALLOWING THE PETITION UNDER SECTION 13(1)(ia) OF HINDU MARRIAGE ACT, 1955

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NC: 2026:KHC:17874-DB MFA No.7598 of 2018

HC-KAR

THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE JAYANT BANERJI and HON'BLE MR. JUSTICE RAJESH RAI K

ORAL JUDGMENT

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

The aforesaid appeal is filed by the wife seeking to set aside the judgment and decree dated 14.06.2018 passed by the III Additional Principal Judge Family Court, Bengaluru in M.C.No.2319/2013. By means of which, the petition filed by the respondent under Section 13(1)(ia) of Act¹ seeking dissolution of the marriage was allowed and the decree of divorce was granted.

Today, learned Counsel for the appellant and the respondent are present in Court and they have filed a memorandum of compromise petition in Court, that is supported by a verifying affidavit signed by the parties. The parties have been identified by their respective advocates. It is stated in the affidavit that due to the intervention of the elders and family friends of both the parties, after filing of the appeal,

1 The Hindu Marriage Act, 1955

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NC: 2026:KHC:17874-DB MFA No.7598 of 2018

HC-KAR

have amicably settled the matter and in fact the respondent-husband has taken back the appellant-wife and the minor child Master Vaibhav, who is now aged about 14 years, who was born from the lawful wedlock of the appellant and the respondent, to the matrimonial home and the appellant has happily joined along with her aforesaid minor son. Their matrimonial life is thus rejuvenated and they are happily living together. The parties by means of the compromise have undertaken not to repeat the past in whatever form and further sincerely and honestly undertake to lead happy matrimonial life and work for the welfare and education of the minor child Master Vaibhav.

The parties have stated in Court that they have entered into this compromise without any undue influence and coercion and have entered the agreement of their own free will. In view of the aforesaid, the memorandum of compromise petition is accepted. The judgment and decree dated 14.06.2018 passed by the III Additional Principal Judge, Family Court, Bengaluru in M.C.No.2319/2013 is hereby set aside.

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NC: 2026:KHC:17874-DB MFA No.7598 of 2018

HC-KAR

The terms of the compromise shall form part of the

decree. The appeal is accordingly disposed of.

Sd/(JAYANT BANERJI) JUDGE

Sd/(RAJESH RAI K) JUDGE

KSR List No.: 1 Sl No.: 22