Karnataka High Court
Smt Geetha vs Thirthappa on 5 June, 2017
Author: A.N.Venugopala Gowda
Bench: A.N. Venugopala Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2017
BEFORE
THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA
RPFC NO.126/2014 C/W
RPFC NO.204/2014
IN RPFC NO.126/2014
BETWEEN:
1. SMT. GEETHA
W/O. THIRTHAPPA,
AGED ABOUT 33 YEARS,
R/O. C/O. VEENA,
HOSUR VILLAGE, AYANUR POST,
SHIMOGA TALUK - 577 201.
2. SADAN KUMAR
S/O. THIRTHAPPA,
AGED ABOUT 8 YEARS,
MINOR, REPRESENTED BY HIS NATURAL
GUARDIAN - MOTHER SMT. GEETHA,
R/O. C/O. VEENA, HOSUR VILLAGE,
AYANUR POST,
SHIMOGA TALUK - 577 201.
... PETITIONERS
(BY SRI RANJITH KUMAR FOR
SRI PRUTHVI WODEYAR, ADV.)
AND:
THIRTHAPPA
S/O. LAKSHMANAPPA,
AGED ABOUT 46 YEARS,
2
FURNITURE BUSINESS,
R/O. BHOVI COLONY,
SURAHONNE VILLAGE,
HONNALI TALUK,
DAVANAGERE DISTRICT - 577 001.
... RESPONDENT
(BY SRI B.S. PRASAD, ADV.)
RPFC NO.126/2014 IS FILED UNDER SEC.19(4) OF
FAMILY COURT ACT, AGAINST THE JUDGMENT AND ORDER
DATED 17.07.2014 PASSED IN C.MIS.NO.94/2013 ON THE FILE
OF THE I/C JUDGE, FAMILY COURT, SHIVAMOGGA, ALLOWING
THE PETITION FILED UNDER SEC.125 OF Cr.P.C.
IN RPFC NO.204/2014
BETWEEN:
THIRTHAPPA
S/O. LAKSHMANAPPA,
AGE 46 YEARS,
FURNITURE BUSINESS,
R/O. BHOVI COLONY,
SURAHONNE VILLAGE,
HONNALI TALUK,
DAVANAGERE DISTRICT - 577 223.
... PETITIONER
(BY SRI B.S. PRASAD, ADV.)
AND:
1. SMT. GEETHA
W/O. THIRTHAPPA,
AGE 33 YEARS,
R/O. C/O. VEENA,
HOSUR VILLAGE, AYANUR POST,
SHIMOGA TALUK - 577 211.
2. MASTER SADAN KUMAR
S/O. THIRTHAPPA,
3
AGE 7 YEARS,
SINCE MINOR, REPRESENTED BY HIS NATURAL
GUARDIAN MOTHER 1ST RESPONDENT
SMT. GEETHA.
... RESPONDENTS
(BY SRI RANJITH KUMAR FOR
SRI PRUTHVI WODEYAR, ADV.)
RPFC NO.204/2014 IS FILED UNDER SEC.19(4) OF
FAMILY COURT ACT, AGAINST THE JUDGMENT AND ORDER
DATED 17.07.2014 PASSED IN C.MIS.NO.94/2013 ON THE FILE
OF THE I/C JUDGE, FAMILY COURT, SHIVAMOGGA, ALLOWING
THE PETITION FILED UNDER SEC.125 OF Cr.P.C. FOR MONTHLY
ALIMONY.
THESE PETITIONS COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners in C.Mis.No.94/2013 on the file of the Family Court at Shivamogga, filed RPFC No.126/2014 to modify the order dated 17.07.2014. Sole respondent in C.Mis.No.94/2013 filed RPFC No.204/2014 to set aside the aforesaid order dated 17.07.2014.
2. C.Mis.No.94/2013 (Old No.69/2006) was allowed on 17.07.2014 by the Family Court, Shivamogga and the respondent therein i.e., the petitioner in RPFC No.204/2014 was directed to pay `5,000/- p.m. to the 4 applicants - his wife and minor son, with effect from 01.07.2014.
3. On 26.08.2016, finding the elements of settlement, the parties were directed to appear before the Mediation Centre at Shivamogga on 09.09.2016 and receive instructions. The parties having appeared before the Mediation Centre, Shivamogga, have entered into a settlement. Memorandum of Settlement dated 21.04.2017 entered by the parties has been forwarded by the Director of Mediation Centre, Shivamogga on 25.04.2017.
4. Learned advocates on both sides submitted that the parties having entered into an amicable settlement, the petitions may be disposed of in terms of the Memorandum of Settlement dated 21.04.2017.
5. Perused the Memorandum of Settlement referred to supra. In view of the submissions made by the learned advocates, I am satisfied that there is an amicable settlement entered into by the parties with regard to 5 payment of maintenance to the original petitioners before the Family Court at Shivamogga. There being no impediment in accepting the Memorandum of Settlement, it is ordered as follows:
RPFC No.204/2014 is dismissed and RPFC No.126/2014 is allowed in part. The respondent therein - husband shall pay the mutually agreed amount of `2,00,000/- to his wife and `1,00,000/- to the minor son. The payment having been made by way of Demand Drafts, there is no need for payment/deposit of the agreed amount before the Court below.
No costs.
Sd/-
JUDGE ca