Karnataka High Court
Anupama W/O Shivakumar @ Muragesh vs Shivakumar@ Murugesh on 21 March, 2018
Author: B.Veerappa
Bench: B. Veerappa
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF MARCH, 2018
BEFORE
THE HON'BLE MR. JUSTICE B. VEERAPPA
RPFC NO.200125/2017
BETWEEN:
Anupama W/o. Shivakumar @ Muragesh
Age: 26 years, Occ: Employee in U.A.S.,
(On Contract Basis) R/o. IDMSMT Layout,
Tq. & Dist. Raichur - 584101.
... Petitioner
(By Sri Basavaraj R.Math, Advocate)
AND:
Shivakumar @ Murugesh
S/o. Amaragundappa
Age: 45 years, Occ; Agriculture,
R/o. Kavital Village, Tq. Manvi,
Dist. Raichur - 584123.
... Respondent
(By Sri Mahantesh Patil, Advocate for C/R1)
This RPFC is filed under Section 19(4) of the Family
Courts Act praying to set aside the impugned order
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dated:31.07.2017 passed by the learned Principal Judge,
Family Court, Raichur in Criminal Misc.No.121/2017.
This Petition coming on for Admission this day, the
Court made the following:
ORDER
This revision petition is filed by the wife to set aside the order dated 31st July, 2017 made in Crl.Misc.No.121/2017 on the file of the Principal Judge, Family Court, Raichur allowing the petition filed by the husband under Section 127 of the Code of Criminal Procedure cancelling the maintenance of Rs.6,000/- per month awarded by the Family Court, Raichur in Crl.Misc.No.145/2013.
2. The learned counsel for both the parties submit that after their best efforts, the parties have filed compromise petition under Order 23 Rule 3 of the Code of Civil Procedure and settled the matter amicably. The compromise petition is duly signed by both the parties and their respective counsels, which reads as under: 3
"1. The petitioner and respondent are husband and wife, in view of disputes arisen between them, the petitioner/wife herein filed Criminal.Misc.No.145/2013 before family court at Raichur against the respondent/husband the learned Judge of family court by its order dated 12/09/2014 allowed the petition directed respondent to pay Rs.6000/- p.m. from the date of petition.
2. Thereafter the petitioner/wife filed M.C.No.09/2015 before the Principal Judge family court Raichur for restitution of conjugal rights against the respondent/husband.
3. The respondent/husband filed M.C.No.32/2015 for dissolution of marriage dated 11/05/2011 against petitioner/wife before the Principal Family Court Raichur. 4
4. That the learned judge family court by judgement and decree dated 27/10/2016 allowed the M.C.No.09/2015 for restitution of conjugal rights and dismissed M.C.No.32/2015 for dissolution of marriage. The respondent/husband filed M.F.A.No.200730/2017 before this Hon'ble Court challenging the judgement and decree passed in M.C.No.09/2015 and M.C.No.32/2015 and wherein notice is issued to petitioner/wife.
5. That the respondent/husband filed Cri.Misc.No.121/2017 for cancellation of maintenance awarded in Crl.Misc.No.145/2013. The learned judge of family court by its order dated 31/07/2017 allowed the petition and canceled the maintenance amount awarded in Crl.Misc.No.145/2013. The petitioner/wife filed 5 present petition challenging the order dated 31/07/2017 passed in Crl.Misc.C.No.121/2017.
6. That, on the advise of well-whishers and family members the petitioners and respondent are amicably compromised/settled their dispute. It is agreed with consent that the marriage solemnized on 11/05/2011 in between petitioner and respondent is hereby dissolved as per terms and conditions mentioned here in below.
a) It is agreed that the
respondent/husband has to pay Rs.
10,00,000/- (Ten lakhs) to the
petitioner/wife within two months.
b) The respondent/husband is required to pay Rs.5,00,000/- (Fine Lakhs) on or before 03/04/2018 to the petitioner/wife. The remaining 6 Rs.5,00,000/- (Five Lakhs) is required to pay on or before two months from today.
c) That the petitioner/wife as to give unconditional consent for allowing the M.F.A.No.200730/2017 pending before this Hon'ble Court and for grant of decree of divorce to the respondent/husband.
d) That allegation and counter allegations made in aforesaid proceedings are hereby withdrawn.
e) The petitioner/wife after receiving the amount of Rs.10,00,000/-
(Ten Lakhs) as permanent alimony, she is not entitled to claim any maintenance or share in the properties against the respondent.
f) That both the parties hereby
agreed that they will not initiate
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proceedings in any court against each other.
g) That the election I D cards of the petitioner and respondent for kind perusal."
3. In terms of the compromise petition, the respondent/husband has agreed to pay a sum of Rs.10,00,000/- (ten lakhs) to the petitioner/wife within two months from today by way of Demand Draft. The respondent/husband agreed to pay a sum of Rs.5,00,000/- on or before 03.04.2018 and remaining Rs.5,00,000/- shall be paid to the petitioner on or before two months from today by way of separate Demand Drafts in her name. The wife has given unconditional consent to allow the appeal in MFA No.200730/2017 pending before this Court for grant of decree of divorce subject to payment of ten lakhs agreed. The allegations and counter allegations made 8 by the parties are withdrawn. The wife has agreed that after receipt of amount of Rs.10,00,000/- as permanent alimony, she will not entitle to claim any maintenance or share in the properties against the husband.
4. When query is made, the petitioner/wife and respondent/husband voluntarily made a statement that they have agreed to settle the matter in terms of the compromise petition voluntarily without any coercion. Both the parties have produced the identity card issued by the Election Commission of India and their respective counsels duly recognized the both the parties.
5. The compromise petition filed under Order 23 Rule 3 of the Code of Civil Procedure is placed on record.
Accordingly, the revision petition is disposed of in terms of the compromise petition stated supra. 9
However, it is made clear if the maintenance amount as stated above is not paid to the petitioner with the time agreed, the petitioner/wife shall at liberty to file an application to review this order.
In view of disposal main petition, I.A.1/2017 filed for stay does not survive for consideration.
Sd/-
JUDGE Srt Ct:VK