The High Court of Karnataka disposed of the husband's appeal against a divorce decree and maintenance award due to an out-of-court settlement reached between the parties regarding maintenance claims under the Protection of Women from Domestic Violence Act.
Appeal dismissed on account of out-of-court settlement; pending applications also disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF OCTOBER, 2019
PRESENT
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
AND
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
M.F.A. No.1312 OF 2014 (FC)
BETWEEN:
SHASHINDRA RAO AGED ABOUT 43 YEARS S/O SHUBHAKARA RAO R/AT NO.602, B-WING SAI RADHA RESIDENCY BEHIND HOTEL KEDIYOOR UDUPI TALUK AND DISTRICT-576101 ... APPELLANT
(BY SRI. SUYOG HERELE E, ADVOCATE FOR SRI. ARUNA SHYAM M, ADVOCATE FOR ARUNA SHYAM ASSOCIATES)
AND:
SHARMILEE S RAO AGED ABOUT 37 YEARS D/O K NIRANJAN RAO FLAT NO.302 RAJMAHAL APARTMENTS BALLALBAGH, MANGALORE-575003 ... RESPONDENT
(BY SMT. SHARADI S. SHETTY, ADVOCATE FOR SRI. P.P. HEGDE, ADVOCATE)
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THIS APPEAL IS FILED UNDER SECTION 19(1) OF FAMILY COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 18.06.2013 PASSED IN M.C.NO.405 OF 2011 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, D.K., MANGALORE, ALLOWING THE PETITION FILED UNDER SECTION 13(1)(i-a) AND (i-b) OF THE HINDU MARRIAGE ACT, FOR DISSOLUTION OF MARRIAGE.
THIS APPEAL IS COMING ON FOR ORDERS THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:-
J U D G M E N T
This appeal is filed by the husband assailing the
judgment and decree passed by the Family Court at Dakshina Kannada, Mangalore dated 18th June 2013 in M.C.No.405/2011 only on the ground of quantum of maintenance awarded to the respondent and the minor son being Rupees Ten lakhs.
counsel for the respondent submit in unison that during the pendency of this appeal, there has been a settlement of the dispute between the parties. That M.C.No.62/2009
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filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, the appellant has offered to pay Rupees Six lakhs to the respondent-wife who has agreed to accept the same in full and final settlement of all the claims as against the appellant.
on record.
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In view of the disposal of the appeal, pending applications also stand disposed of.
Sd/JUDGE
Sd/JUDGE
Prs*
2 issues framed by the court
Whether to allow the husband's appeal against the quantum of maintenance awarded to the wife and minor son.
How to adjudicate the appeal given the out-of-court settlement arrived at between the parties during pendency.
2 provisions across 2 enactments
Shashindra Rao
Sharmilee S Rao
B.V. Nagarathna
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court