SAHANA RUPASHREE vs SRI N CHETHAN @ CHIRU

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HC-KAR
NC: 2026:KHC:62211-DB
MFA No. 6324 of 2021


CNR: KAHC010328832021





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 11 DAY OF NOVEMBER, 2026


PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN

MISCELLANEOUS FIRST APPEAL NO. 6324 OF 2021 (FC)

BETWEEN:

1. SAHANA RUPASHREE
@ VIDYASHREE,
AGED ABOUT 30 YEARS,
D/O K.MANJUNATH
RESIDING AT NO.1869,
GANESH TEMPLE ROAD,
BEGUR, BEGUR HOBLI,
BANGALORE SOUTH TALUK,
BENGALURU-560068.
…APPELLANT
(BY SRI. RAJATH.D.V FOR
SRI. MANIVANNAN G., ADVOCATE)

AND:

1. SRI N CHETHAN @ CHIRU
AGED ABOUT 32 YEARS,
S/O NAGESHA CHARY,
R/AT NO.LAKSHMISAGAR LAYOUT,
MAHADEVAPURA POST,
BENGALURU-560048.
…RESPONDENT
(BY SRI. K MURTHY., ADVOCATE)

THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY








Digitally
signed by
VASANTHA
KUMARY B
K
Location:
HIGH
COURT OF
KARNATAKA


COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED

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HC-KAR
NC: 2026:KHC:62211-DB
MFA No. 6324 of 2021


CNR: KAHC010328832021



08.07.2021 PASSED IN M.C.NO. 3536/2019 ON THE FILE OF
THE III ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT,
BENGALURU, ALLOWING THE PETITION FILED UNDER SECTION
13(1) (i-a)(i-b) and (iii)(a)- (b) 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 D K SINGH
and
HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN

ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)

The present appeal under Section 19(1) of the Family
Courts Act, 1984, has been filed by the appellant-wife
aggrieved by the judgment and decree dated 08.07.2021
passed in Miscellaneous Case No.3536/2019 filed by the
respondent-husband seeking a decree of divorce to dissolve
their marriage, which was solemnized on 10.11.2016 at
Sri Aditya Kalayana Mantapa, Singhasandra, Hosur, Bengaluru.
2. The Family Court vide impugned judgment and decree
dated 08.07.2021 had allowed the petition filed by the
respondent-husband under Section 13(1) (ia) and (ib) of the

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HC-KAR
NC: 2026:KHC:62211-DB
MFA No. 6324 of 2021


CNR: KAHC010328832021



Hindu Marriage Act, 1955 and dissolved the marriage by way of
decree of divorce.
3. During the pendency of this appeal, the matter was
referred to the Karnataka Mediation Centre at Bengaluru. The
parties have settled their dispute through the process of
mediation and memorandum of settlement under Section 89 of
CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure
(Mediation) Rules, 2005, has been forwarded to this Court for
disposing of the appeal in terms of the aforesaid memorandum
of settlement.
4. The parties are before this Court and have been duly
identified by their respective counsels. The parties say that
they have entered into the memorandum of settlement before
the Mediation Centre out of their free will without any force and
coercion or undue influence and they stand by the terms and
conditions of the settlement. The memorandum has been
signed by the parties as well as their respective counsels and
the Mediator.
5. The memorandum of settlement deed reads as under :-

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HC-KAR
NC: 2026:KHC:62211-DB
MFA No. 6324 of 2021


CNR: KAHC010328832021



" MEMORANDUM OF SETTLEMENT UNDER SECTION 89
OF CPC READ WITH RULES 24 AND 25 OF THE
KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES,
2005.
The parties above named submit as follows:-
I. The Appellant has filed the above petition either to set
aside or quash the judgment and decree dated
08.07.2021 made in M.C.No.3536/2019 by the III
Additional Principal Judge, Family Court, Bengaluru
under section 13 (1) (i-a), (i-b) of Hindu Marriage Act
granting a decree of divorce.

II. Brief Facts:
Both the parties state that they are Hindu by religion
and their marriage was solemnised on 10.11.2016 at Sri
Aditya Kalyana Mantapa, Bengaluru as per Hindu rites
and customs. Out of their wedlock they have no children
born to them in their wedlock.
Both the parties state, On account of temperamental
attitudes and difference of opinions, the appellant and
respondent started living separately from 14.12.2016.
The Respondent had filed a petition in
M.C.No.3536/2019 before the III Additional Principal
Judge, Family Court, Bengaluru under section 13 (1) (i-
a), (i-b) and (iii) (a) (b) of Hindu Marriage Act, which
has culminated in granting a divorce dissolving the
marriage between the parties. The appellant herein who

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HC-KAR
NC: 2026:KHC:62211-DB
MFA No. 6324 of 2021


CNR: KAHC010328832021



was the respondent has filed the present appeal on
several grounds including miscommunication of
proceedings before the Family Court.
The parties state that the Trial court heard the
arguments on 02.07.2021 and judgment is announced
on 08.07.2021 allowing the M.C.No.3536/2019 by the
III Additional Principal Judge, Family Court, Bengaluru.
Aggrieved by the said order this Miscellaneous First
Appeal. The appeal was referred to mediation for
exploring the possibility of a settlement and after
thorough negation with the help of their respective
advocates, the parties have decided to settle the
matter.

III. The aforesaid appeal was referred to mediation for
resolving the dispute between the parties. In the course
of mediation, the Appellant and the Respondent along
with their respective counsels were present, identified
each other and they have resolved their dispute and
have agreed to the following terms and conditions:
1. The parties state that a Re-union is highly impossible
since their marriage is irretrievably broken down. The
efforts by the elders also did not yield any positive
results. Hence the parties state that the
order/judgement dated 08.07.2021 passed in
M.C.No.3536/2019 by the III Additional Principal Judge,
Family Court, Bengaluru can be up held/allowed.

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HC-KAR
NC: 2026:KHC:62211-DB
MFA No. 6324 of 2021


CNR: KAHC010328832021



2. As a one time settlement the Respondent herein the
Petitioner in M.C No.3536/2019 has agreed to pay an
amount of Rs.12,00,000/- (Rupees Twelve Lakhs only)
to the Appellant/Respondent through a demand draft
bearing No. 427969 Dated 05.11.2026 drawn on State
Bank of India, C.V.Raman Nagar Branch, Bengaluru to
which the Appellant/Respondent has agreed. The said
demand draft will be handed over before the Hon'ble
High Court of Karnataka, Bengaluru at the time of
reporting settlement.
3. Both the parties state that they have already exchanged
their respective valuable articles and other personal
belongings and as such they have no claims in this
regard.
4. Both the parties further state that they have no claims of
whatsoever over the movable or immovable properties
belonging to each other either existing or to be
acquired.
5. Both parties further state that, apart from the above,
they have no claims of whatsoever manner against each
other either past, present or in future.
6. Both the parties undertake to co-operate with each other
close/quash/withdraw Misc No.122/2025 under section
25 of the H.M.Act filed by the Appellant herein pending
on the file of V Additional Family Court, in view of this
agreement.

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HC-KAR
NC: 2026:KHC:62211-DB
MFA No. 6324 of 2021


CNR: KAHC010328832021



7. Both the parties state that they have arrived at this
agreement without pressing on the allegations levelled
against each other either orally or expressly arrived at
this agreement.
8. Both parties agree and admit that they have entered into
this settlement agreement on their own free will and
consent without any force, fraud, coercion or any undue
influence from any one.
9. Both parties hereby agree that they will not interfere in
the peaceful living of each other in future.

IV. In view of the aforesaid agreement entered into
between the parties, the parties pray that this Hon'ble
Court be pleased to pass appropriate orders in terms of
this settlement agreement.

V. Parties will appear before the Hon'ble Court for passing
orders in terms of the agreement, when the matter get
listed."
6. In pursuance to the said memorandum the Bank Draft of
Rs.12,00,000/- drawn on State Bank of India, C.V. Raman
Nagar Branch, Bengaluru, has been handed over to the
appellant-wife today, in the Court.

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HC-KAR
NC: 2026:KHC:62211-DB
MFA No. 6324 of 2021


CNR: KAHC010328832021




7. We therefore, dispose of this appeal in terms of the
aforesaid settlement.

Sd/-
(D K SINGH)
JUDGE


Sd/-
(H.SHANTHI BHUSHAN)
JUDGE






NG
CT: SN
List No.: 1 Sl No.: 12