Sri Krupendra Kumar G v. Smt Pushpa C M @ Swetha

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH 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. 57 OF 2025 (FC) BETWEEN: SRI. KRUPENDRA KUMAR G., SON OF GANGIREDDY, AGED ABOUT 37 YEARS, PRESENTLY RESIDING AT MARUTHI NAGAR, SRINIVASAPURA TOWN, KOLAR DISTRICT-563135. …APPELLANT (BY SRI. MARUTHI.G., ADVOCATE) AND: SMT. PUSHPA C.M. @ SWETHA, W/O KRUPENDRA KUMAR, AGED ABOUT 33 YEARS, R/AT MASTI BADAVANE, KOLAR CITY, KOLAR-563101. WORKING ADDRESS: TYPIST, SENIOR CIVIL JUDGE COURT, NEW COURT COMPLEX, Location: High Court of Karnataka

SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT-562105. …RESPONDENT (BY SRI. J.V.SRINIVAS RAO., ADVOCATE)

THIS MFA FILED U/S 19(1) OF FAMILY COURTS ACT AGAINST THE JUDGMENT AND DECREE DATED 13.09.2024 PASSED IN MC NO.82/2023 ON THE FILE OF THE PRL. JUDGE, FAMILY COURT, KOLAR, DISMISSING THE PETITION FILED UNDER SECTION 13(1a)(1b) OF THE HINDU MARRIAGE ACT, 1955.

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 RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE JAYANT BANERJI) This appeal is by the husband against the judgment and decree dated 13.09.2024 passed by the Principal Judge, Family Court, Kolar, in MC No.82/2003, whereby the petition filed by the husband under Section 13(1)(i-a) & (i-b) of the Hindu Marriage Act,19551 was dismissed. The matter was referred to the Karnataka Mediation Centre. Thereafter, a report has been filed by the Mediation Centre stating that a settlement has taken place. 1 HM Act, 1955

¶2On record is a Memorandum of settlement dated

22.04.2026 duly signed by the parties and verified by their respective advocates.

¶3The terms of the settlement, inter alia, reflect that the suit being OS No. 267/2026 for permanent injunction pending before the Court of the Principal Civil Judge, Kolar, would be withdrawn by the respondent. It is further stated that they have mutually decided to get the marriage dissolved.

¶4A release deed has been executed by the appellant/petitioner/husband, which is registered on

19.04.2026 before the Sub-Registrar, Chintamani, in respect of property bearing Site No. 89, Chettampalli, Majara Rampura Grama Panchayath, Khata No.173/89 and E-Khata No.152800301401020214 situated at Munaganahalli Village, Kasaba Hobli, Chintamani Taluk, Chikkaballapur District, measuring 111.41 sq.mtrs., which has been handed over to the respondent/wife, the receipt of which is acknowledged by the respondent/wife. Other terms of settlement have also been recorded which have been perused by us.

¶5In the joint affidavit filed today, inter alia, it has been stated by the parties that pursuant to the settlement entered into between them, they undertake to withdraw and not press all the allegations made against each other in MC No.82/2023 and also in the aforesaid appeal. It is stated that the compromise entered into between them has been executed voluntarily out of their own free will and consent without any force, coercion, undue influence, fraud or misrepresentation from any quarter and that they fully understand the terms and implications thereof. The terms of the settlement are found to be in order. The memorandum of settlement and the aforesaid joint affidavit are accepted.

¶6In view of the fact that the parties have undertaken to withdraw and not press all the allegations made against each other in the matrimonial case as well as in the appeal, the MFA is treated to be one under Section 13-B of the Hindu Marriage Act, which is consequently allowed. A decree of divorce on the ground of mutual consent shall issue. The decree shall contain the terms of the settlement as noted above as well as the terms in the joint affidavit filed today.

¶7Accordingly, the marriage of the parties solemnized on 28.01.2018 at Bindumalyam Kalyana Mantapa, Kolar City, Kolar, is hereby dissolved. The MFA accordingly stands allowed. Sd/- (JAYANT BANERJI) JUDGE Sd/- (RAJESH RAI K) JUDGE KGR List No.: 2 Sl No.: 18