Dismissed

Miyasab S/O Ibrahimsab Kadiwal v. Smt.Janatabi W/O Miyasab Kadiwal

Karnataka HC6 Sept 2019RPFC/100020/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a petition filed under Section 19(4) of the Family Courts Act, 1984 against a judgment of the Family Court. The court accepted a voluntary amicable settlement where the petitioner agreed to pay Rs. 3,25,000 as maintenance to the respondent.

What did the court decide?

Petition disposed of as settled; petitioner directed to pay Rs. 1,25,000 via demand draft before the Addl. Registrar.

Miyasab S/O Ibrahimsab Kadiwal Vs Smt.Janatabi W/O… — Maintenance and Alimony | Karnataka HC (2019)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF SEPTEMBER, 2019

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BEFORE

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THE HON’BLE MR.JUSTICE K. NATARAJAN

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R.P.F.C.NO.100020/2019

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BETWEEN:

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MIYASAB S/O IBRAHIMSAB KADIWAL AGE:76 YEARS, OCC:RTD.GOVT SERVANT, C/O:BEHIND KEB OFFICE, GALIB NAGAR, RAICHUR

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... PETITIONER

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(BY SRI. SHARNAPPA S. KOLIWAD, ADVOCATE)

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AND:

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SMT.JANATABI W/O MIYASAB KADIWAL AGE:66 YEARS, OCC:HOUSE HOLD WORK, R/O ANNIGERI BUILDING, PINJAR ONI, NEAR GANJI BASAVESHWAR CIRCLE, GADAG TQ. DIST:GADAG 582 101 NOW R/AT C/O BASIRHAMAD KOPPAL 6^TH CROSS, MUGUALI ROAD, NEAR RANAMMA TEMPLE, RON, DIST. GADAG-582101.

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... RESPONDENT

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(BY SRI. G K HIREGOUDAR, ADVOCATE)

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THIS RPFC IS FILED UNDER SEC.19(4) OF THE FAMILY COURTS ACT, 1984, AGAINST THE JUDGMENT AND ORDER DATED 01.12.2018, IN CRL.MISC. NO.150/2018, ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, GADAG, PARTLY ALLOWING THE PETITION FILED UNDER SEC.127(1) OF CR.P.C.

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THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Though this petition came up for

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admission, with the consent of both the parties, the same is taken up for final disposal.

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During the pendency of this petition, there is a direction to the parties to appear before this Court and accordingly, both the parties along with their respective counsels appeared before this Court today.

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With the assistance of the counsel Sri. Shivakumar S. Badawadagi, parties have entered into amicable settlement of their dispute in this case. Accordingly, both the parties have filed a joint memo before this Court, wherein the petitioner-husband undertakes to pay Rs.3,25,000/- to the respondent as one time

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settlement towards her maintenance. The said

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offer has been accepted by the respondent in the presence of her counsel and her daughter Sahajanabi. Son of the petitioner through his second wife - Fayaz is also present before the Court.

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The petitioner has also filed an

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affidavit that he is agreed to pay Rs.3,25,000/to the respondent and he also requires some more time to pay the entire amount. However, he has agreed to pay Rs.1,25,000/- as part payment in the 1^st Week of October, 2019 and undertake to pay the remaining balance amount on or before November, 20, 2019.

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The submission and the affidavit is placed on record.

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In view of the settlement between both the parties, petition is disposed of as settled.

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However, the petitioner is directed to pay the demand draft for Rs.1,25,000/- and remaining balance to the respondent in the presence of Addl. Registrar General, Dharwad Bench.

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This Court appreciated the assistance given by the advocate Sri. Channabasavaraj S.

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Shettar.

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Accordingly the petition is disposed of.

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Sd/JUDGE

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gab

Miyasab S/O Ibrahimsab Kadiwal v. Smt.Janatabi W/O Miyasab Kadiwal

Case brief

What is this about?

What did the court decide?

Miyasab S/O Ibrahimsab Kadiwal v. Smt.Janatabi W/O Miyasab Kadiwal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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