Karnataka High Court
Sri. Ramesh S/O : Ravindrababu vs Smt. Rekha W/O : Ramesh Chandrannavar on 13 February, 2014
Author: B.Sreenivase Gowda
Bench: B. Sreenivase Gowda
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 13TH DAY OF FEBRUARY, 2014
BEFORE
THE HON'BLE MR.JUSTICE B. SREENIVASE GOWDA
R.P.F.C.NO.304/2010
C/W
C.P. NO.522/2010 AND R.P. NO.1590/2012
IN R.P.F.C. NO.304/2010
BETWEEN:
SRI. RAMESH S/O. RAVINDRABABU
CHANDRANNAVAR,
AGED ABOUT 39 YEARS,
R/O. NAVALLI,
TALUK: NAVALGUND,
DISTRICT: DHARWAD.
..... PETITIONER
(BY SRI G.N.NARASAMMANAVAR, ADV.)
AND
1. SMT. REKHA W/O. RAMESH CHANDRANNAVAR
AGED ABOUT 36 YEARS,
OCC: HOUSEHOLD,
R/O.C/O. NINGANGOUDAR GIRIYAPPAGOUDAR,
GOKUL NAGAR, NEAR NILJI CROSS,
POST: MUTGA, TQ: AND DIST: BELGAUM.
2. KUMARI NEHA D/O. RAMESH
CHANDRANNAVAR, AGED ABOUT 10 YEARS,
OCC: STUDENT,
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R/O.C/O. NINGANGOUDAR GIRIYAPPAGOUDAR,
GOKUL NAGAR, NEAR NILJI CROSS,
POST: MUTGA, TQ:AND DIST: BELGAUM.
..... RESPONDENTS
(BY SRI RAMESH N. MISALE, ADV.)
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY
COURT ACT 1984, AGAINST THE ORDER DATED 26.11.2009 IN
CRIMINAL MISC. NO.82/2008 ON THE FILE OF THE JUDGE,
FAMILY COURT, BELGAUM ALLOWING THE PETITION FILED
UNDER SECTION 125 OF CR.P.C.
IN C.P. NO.522/2010
BETWEEN:
SMT. REKHA W/O. RAMESH CHANDRANNAVAR
AGED ABOUT 36 YEARS,
OCC: HOUSEHOLD,
R/O.C/O. NINGANGOUDAR GIRIYAPPAGOUDAR,
GOKUL NAGAR, NEAR NILJI CROSS,
POST: MUTGA, TQ: AND DIST: BELGAUM.
..... PETITIONER
(BY SRI RAMESH N. MISALE, ADV.)
AND
SRI. RAMESH S/O. RAVINDRABABU
CHANDRANNAVAR,
AGED ABOUT 39 YEARS,
R/O. NAVALLI,
TALUK: NAVALGUND,
DISTRICT: DHARWAD ...... RESPONDENT
(BY SRI G.N.NARASAMMANAVAR, ADV.)
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THIS C.P. IS FILED UNDER SECTION 24 OF C.P.C., PRAYING
TO TRANSFER THE M.C. NO.130/2008 FROM CIVIL JUDGE
(SR.DN.), NAVALGUND AND SITTING AT NAVALGUND AND
TRANSFER THE SAME TO FAMILY COURT, BELGAUM IN THE
INTEREST OF JUSTICE AND EQUITY.
IN R.P. NO.1590/2012
BETWEEN:
1. SMT. REKHA W/O. RAMESH CHANDRANNAVAR
AGED ABOUT 38 YEARS,
OCC: HOUSEHOLD,
R/O.C/O. NINGANGOUDAR GIRIYAPPAGOUDAR,
GOKUL NAGAR, NEAR NILJI CROSS,
POST: MUTGA, TQ: AND DIST: BELGAUM.
2. KUMARI NEHA D/O. RAMESH
CHANDRANNAVAR, AGED ABOUT 12 YEARS,
OCC: STUDENT,
SINCE MINOR REP. BY HER NATURAL
MOTHER AND MINOR GUARDIAN HER MOTH
PETITIONER NO.1 SMT. REKHA
R/O.C/O. NINGANGOUDAR GIRIYAPPAGOUDAR,
GOKUL NAGAR, NEAR NILJI CROSS,
POST: MUTGA, TQ:AND DIST: BELGAUM.
..... PETITIONERS
(BY SRI RAMESH N. MISALE, ADV.)
AND
SRI. RAMESH S/O. RAVINDRABABU
CHANDRANNAVAR,
AGED ABOUT 41 YEARS,
R/O. NAVALLI,
TALUK: NAVALGUND,
DISTRICT: DHARWAD .... RESPONDENT
(BY SRI G.N.NARASAMMANAVAR, ADV.)
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THIS R.P. IS FILED UNDER ORDER 47 RULE 1 OF CPC.,
AGAINST THE JUDGMENT AND ORDER DATED 07.09.2011 IN
RPFC NO.304/2010 C/W C.P. NO.522/2010 ON THE FILE OF THE
HIGH COURT OF KARNATAKA, CIRCUIT BENCH, DHARWAD.
THESE PETITIONS COMING ON FOR HEARING
INTERLOCUTORY APPLICATION THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Husband has filed RPFC No.304/2010 challenging the order dated 26.11.2009 passed in Civil Misc. N9.82/2008 by the Family Court, Belgaum wherein it has allowed the petition filed by the wife and her minor daughter under Section 125 of Cr.P.C. and awarding maintenance of Rs.3,000/- per month to the wife and Rs.1,000/- per month to her minor daughter.
2. Wife has filed C.P. No.522/2010 under Section 24 of C.P.C. seeking to transfer M.C. No.130/2008 filed by her husband before the Civil Judge (Sr.Dn.), Navalgund to Family Court, Belgaum.
3. This Court by common order dated 07.09.2011 disposed of both RPFC No.304/2010 and C.P. :5: No.522/2010 in terms of the joint memo filed by the parties. Whereby, husband has agreed to give 04 acres 02 guntas of land situated in 124/2 of Navalli Village of Navalgund Taluk in favour of his wife and daughter (2 acre 2 guntas in favour of his minor daughter and 2 acres in favour of his wife).
4. Wife after noticing the land measuring 04 acres 02 guntas in Sy.No.124/2 of Navalli Village Navalgund Taluk neither belonged to her husband nor to anyone of his family members and her husband has deliberately mentioned the wrong survey number of the land belonging to someone with an intention to cheat her she filed R.P. No.1590/2012 seeking review of the final order of this Court dated 07.09.2011 passed in RPFC No.304/2010 and she has also made IA. No.1/2013 for recalling the order dated 07.9.2011 passed in C.P. No.522/2010 along with I.A. No.1/2014 for condoning the delay in filing recalling application.
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5. At the same time, husband has filed I.A. No.1/2012 under Section 151 of C.P.C. in RPFC No.304/2010, for correction of Sy.No.124/2 mentioned in the order dated 07.09.2011 as 124/1 stating 04 acres 02 guntas of land in Sy.No.124/1 of Navalli Village Navalgund Taluk belongs to his father and his father has no objection for giving the said land in favour of his wife and daughter towards their maintenance stating by mistake he has mentioned the Survey number as 124/2 instead of mentioning it as 124/1.
6. Learned counsel appearing for the husband submits the land bearing Sy.No.124/1 belongs to his clientis father and both his client and his father have no objection for giving the said land to his client's wife and her daughter towards their maintenance and they are prepared to file a fresh joint memo and survey Number mentioned in the order dated 07.09.2011 may be corrected as Sy. No.124/1.
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In response to his submission, learned counsel appearing for the wife and daughter submits if both, husband and his father file a fresh joint memo agreeing to transfer 04 acres 02 guntas of land in Sy.No.124/1 of Navalli Village of Navalgund Taluk standing in the name of husband's father, wife and her daughter have no objection for accepting the fresh joint memo and disposing of these petitions.
7. Accordingly, I pass the following ORDER
i) Review petition No.1590/2012 is allowed.
Order dated 07.09.2011 passed in RPFC No.304/2010 is recalled and RPFC No.304/2010 is restored to file and heard afresh.
ii) I.A. Nos.1/2013 and 1/2014 filed in C.P. No.522/2010 are allowed.
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iii) Order dated 07.09.2011 passed in C.P.
No.522/2010 is recalled and C.P.
No.522/2010 is restored to file.
8. In view of the same, I.A. filed by the husband under Section 151 of C.P.C. for correction of Survey number mentioned in the order dated 07.09.2011 as 124/1 instead of 124/2 stand disposed of.
9. RPFC No.304/2010 is filed by the husband challenging the order dated 26.11.2009 in Civil Misc. No.82/2008 on the file of the Judge, Family Court, Belgaum allowing the petition filed by the wife and daughter under Section 125 of Cr.P.C. and directing him to pay of Rs.3,000/- per month to his wife and Rs.1,000/- per month to his minor daughter towards their maintenance.
10. C.P. No.522/2010 is filed by the wife seeking to transfer of M.C. No.130/2008 filed by her husband before the Civil Judge, Navalgund to Family Court, Belgaum. :9:
11. During the pendency of these two petitions parties after due negotiation of the matter with their elders have got the dispute settled amicably by way of filing a fresh joint memo.
12. The fresh joint memo signed by the parties and their respective counsel is taken on record.
13. Husband's father has also signed the joint memo. Application filed under Order 32 Rule 7 (1-A) of C.P.C. along with the affidavit and the certificate issued by the learned counsel appearing for the wife and daughter to the effect that settlement arrived at between the parties is in the interest and for the benefit of minor child are also taken on record.
14. The fresh joint memo reads as under:
1. That the respondent No.2 is the daughter of the petitioner and respondent No.1 and she is a minor.: 10 :
2. That the 1st respondent has been taking care of 2nd respondent and she is in her custody for all these years.
3. There have been several legal proceedings between petitioner and the respondents in the lower Courts, where the 1st respondent has been representing 2nd respondent as minor guardian and next friend.
4. That the 2nd respondent is also duly represented by 1st respondent as her M/G and next friend in the above cases.
5. Now the petitioner and 2nd respondent have arrived at a compromised settlement of all their outstanding issues and litigations and ultimately end their marital tie by decree of divorce and receive permanent alimony for 1st respondent and get share of 2nd respondent in the family properties.
6. The petitioner has agreed to and through his father, transferring 4 acres 02 gutnas of land under Sy. No.124/1 of Navalli Village in favour of respondents, half share each separately. The 1st : 11 : respondent accepted the compromised settlement voluntarily for both.
7. It is therefore certified that the interest of minor respondent No.2 is fully safeguarded under the terms of settlement subscribed under joint memo dated 06.02.2014 and the petitions could be disposed accordingly in the interest of minor respondent No.2
15. Accordingly, RPFC and C.P. are disposed of in terms of the fresh joint memo. The joint memo, application filed under Order 32 Rule 7 (1-A) along with the affidavit and the certificate issued by the learned counsel appearing for parties are treated as part and parcel of this order.
SD/-
JUDGE BS