[Cites 1, Cited by 0]
Karnataka High Court
Smt Shanthala B M vs B R Avinash Babu on 16 February, 2026
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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 16TH 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:
SMT. SHANTHALA B M
W/O B R AVINASH BABU
D/O LATE MAHALINGAPPA
AGED ABOUT 44 YEARS
R/AT NO.3009/4, MAHAVI
2ND MAIN, 2ND STAGE
Digitally 17TH CROSS, BANASHANKARI
signed by K G BENGALURU - 560 070
RENUKAMBA ...APPELLANT
Location: (BY SRI. ADARSH M LIMBIKAI, ADVOCATE)
HIGH COURT
OF
KARNATAKA AND:
SRI. B R AVINASH BABU
S/O LATE B RUDRA GOWDA
AGED ABOUT 49 YEARS
R/AT NO.68/8, KRISHNA BLOCK
1ST MAIN ROAD, SESHADRIPURAM
BENGALURU - 560 020
...RESPONDENT
(BY SRI. M ASWATHANARAYANA REDDY, ADVOCATE)
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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,
2ND MAIN, 2ND STAGE,
17TH 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,
1ST 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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MFA No. 1244 of 2023
C/W MFA No. 1242 of 2023
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.
2. The marriage of the parties had taken place on
29.11.2002 and they have a son, who is now aged about
22 years.
3. 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.
4. 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.
5. 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
6. 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.
7. 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 8th floor, Phase I in "O" Block of "PLATINUM
CITY" constructed on the Schedule 'A' property mentioned
therein with all amenities and conditions.
8. 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
