Allowed

Faisalkhan v. Smt Simran

Karnataka HC6 Jan 2023RPFC/246/2022

Case brief

AI extract

What is this about?

This court allowed Revision Petitions filed against an order granting maintenance. Upon confirmation of a settlement where the petitioner agreed to pay lump-sum alimony, the court quashed the impugned order pending realization of the cheque issued by the petitioner.

What did the court decide?

Petition allowed; impugned order dated 16.12.2021 quashed; order subject to realization of cheque issued by petitioner.

Faisalkhan Vs Smt Simran — Maintenance and Alimony | Karnataka HC (2023)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF JANUARY, 2023

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BEFORE

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THE HON’BLE Mr. JUSTICE HEMANT CHANDANGOUDAR

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RPFC No.246 OF 2022 A/W

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RPFC No.247 OF 2022

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IN RPFC.No.246/2022

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BETWEEN :

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MR. FAISAL KHAN, S/O SRI. ABDUL SUBHAN KHAN AGED ABOUT 27 YEARS, R/A NO. 43, 1ST FLOOR, 11TH MAIN, BTM LAYUOT, BENGALURU - 560 029.

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...PETITIONER

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(BY SMT. N.SHARADHA, ADVOCATE)

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AND :

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SMT. SIMRAN, W/O MR. FAISAL KHAN.A, D/O ASGAR ALI, AGED ABOUT 24 YEARS, R/O HARIYAPPA STREET, CHIKKAMAGALURU - 577 101. ...RESPONDENT (BY SMT. ARCHANA MURTHY P, ADVOCATE)

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THIS RPFC IS FILED U/S.19(4) OF THE FAMILY COURTS ACT, 1984, AGAINST THE ORDER DATED 16.12.2021 PASSED IN Crl.MISC.NO.61/2020 ON THE FILE

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OF THE PRINCIPAL JUDGE, FAMILY COURT, CHIKKAMAGALURU, PARTLY ALLOWING THE PETITION FILED U/S.125 OF Cr.P.C FOR MAINTENANCE.

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IN RPFC.No.247/2022 BETWEEN :

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MR. FAISALKHAN, S/O SRI. ABDUL SUBHAN KHAN, AGED ABOUT 27 YEARS, R/A NO. 43, 1ST FLOOR, 11TH MAIN, BTM LAYUOT, BENGALURU - 560 029. (BY SMT. N.SHARADHA, ADVOCATE)

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...PETITIONER

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AND : JAVERIYA FATHIMA, D/O FAISAL KHAN, AGED 2 YEARS, SINCE MNOR SHE IS REPRESENTED BY HER MOTHER AND NATURAL GUADIAN SMT. SIMRAN, W/O FAISAL KHAN A, AGED 24 YEARS, R/O HARIYAPPA STREET, CHIKMAGALURU - 577 101.

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...RESPONDENT (BY SRI.A.MADHUSUDHAN RAO, ADVOCATE)

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THIS RPFC IS FILED U/S.19(4) OF THE FAMILY COURTS ACT, 1984, AGAINST THE ORDER DATED 16.12.2021 PASSED IN Crl.MISC.NO.61/2020 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, CHIKKAMAGALURU PARTLY ALLOWING

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THE PETITION FILED U/S.125 OF Cr.P.C FOR MAINTENANCE .

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THESE RPFCs COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Smt.Archana Murthy files vakalath on behalf of respondent-Child and the same is placed on record.

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Parties are present before this Court. This petition is filed against the order dated 16.12.2021 passed by the Principal Judge, Family Court Chikkamagaluru in Crl.Misc. No.61/2020 and 77/2020 whereby the petitioner is directed to pay maintenance of 7,000/- per month to the petitioner No.1 and a sum of Rs.3,000/- per month to petitioner No.2/child from the date of petition.

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Parties have filed the joint memo stating that

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they have amicably settled the dispute among themselves and in view of the settlement, the petitioner-Husband has agreed to pay permanent alimony of Rs.3,00,000/- to the respondent-Wife as well as the child. Respondent who is present before this Court acknowledges the receipt of sum

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of Rs.3,00,000/- towards permanent alimony paid through

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cheque subject to realisation.

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In view of the settlement arrived between the

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parties, the impugned order requires to be set aside. Accordingly, I pass the following:

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ORDER

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Petition is allowed.

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The impugned order dated 16.12.2021 passed in Crl.Misc. No.61/2020 and 77/2020 by the Prinicpal Judge, Family Court, Chikkamagalur is hereby quashed.

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This order is subject to realization of the cheque issued by the petitioner.

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Sd/JUDGE

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RKA

Faisalkhan v. Smt Simran

Case brief

What is this about?

What did the court decide?

Faisalkhan v. Smt Simran

Case brief

What is this about?

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