Disposed

Sri. Mallikakjan S/O Babusab Nadaf v. Smt. Sana Alia Asma W/O Mallikjan Nadaf

Karnataka HC17 Sept 2024CRL.P/102378/2024

Case brief

AI extract

What is this about?

Criminal Petitioner filed under Section 482 Cr.P.C. to set aside orders awarding maintenance to his wife and minor daughter. The Court referred the matter to mediation. A memorandum of agreement was signed wherein parties agreed to resume the matrimonial relationship and withdraw allegations. The Court disposed of the petition in terms of the agreement.

What did the court decide?

Petition disposed of in terms of the memorandum of agreement entered by parties to resume matrimonial life and withdraw allegations.

Sri. Mallikakjan S/O Babusab Nadaf Vs Smt. Sana… — Maintenance and Alimony | Karnataka HC (2024)

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NC: 2024:KHC-D:13183 CRL.P No. 102378 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17^TH DAY OF SEPTEMBER 2024 BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 102378 OF 2024

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BETWEEN:

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SRI. MALLIKJAN S/O. BABUSAB NADAF, AGE: 40 YEARS, OCC: GOVERNMENT EMPLOYEE, IN LOK ADALATH SECTION, HIGH COURT DHARWAD-580011 R/O: HIGH COURT QUARTERS DHARWAD, TQ & DIST DHARWAD.

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…PETITIONER

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(BY SRI. NEELENDRA D. GUNDE, ADVOCATE)

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AND:

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SMT. SANA ALIAS ASMA W/O. MALLIKJAN NADAF, AGE: 26 YEARS, OCC: HOMEMAKER, C/O: SHARIFSAB RAJESAB NADAF, R/O: DEVANUR, TQ: KUNDGOL, DHARWAD DISTRICT – 580008.

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YASHAVANT NARAYANKAR

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Location: HIGH COURT OF KARNATAKA

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KUMARI NEHA D/O. MALLIKJAN NADAF, AGE: 4 YEARS, OCC: MINOR, C/O: SHARIFSAB RAJESAB NADAF, R/O: DEVANUR, TQ: KUNDGOL, DHARWAD DISTRICT – 580008. (PETITIONER NO. 2 IS MINOR AND REPRESENTED BY HER GUARDIAN/MOTHER PETITIONER NO.1)

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…RESPONDENTS

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(BY SRI. HEMANTHKUMAR L. HAVARAGI, ADVOCATE FOR R1; R2 MINOR REPRESENTED BY R1)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO CALL FOR THE RELEVANT RECORDS AND ALLOW THIS PETITION AND SET ASIDE THE ORDER DATED 06.07.2024 PASSED IN CRIMINAL REVISION PETITION NO.5063/2023 BY THE V ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI, THEREBY CONFIRMING THE ORDER PASSED BY THE CIVIL JUDGE AND JMFC, KUNDGOL IN CRIMINAL MISC.NO.7/2021 DATED 23.11.2023 AND AWARDED MAINTENANCE TO RESPONDENT NO.1

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NC: 2024:KHC-D:13183 CRL.P No. 102378 of 2024

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TO RS.7000/- AND TO RESPONDENT NO.2 RS.10,000/- PER MONTH FROM THE DATE OF PETITION BE SET ASIDE.

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

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed under Section 482 of the Code of Criminal Procedure praying to set aside the order dated 06.07.2024 passed in Criminal Revision Petition No.5063/2023 passed by the learned V Additional District and Sessions Judge, Dharwad sitting at Hubballi, confirming the order dated 23.11.2023 passed in Criminal Miscellaneous No.7/2021 by the learned Civil Judge and JMFC, Kundagol.

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Respondent Nos.1 and 2, who are the wife and the daughter of the petitioner, respectively, had filed a petition under Section 125 of Cr.P.C. in Criminal Miscellaneous No.7/2021 and the same came to be allowed by order dated 23.11.2023 by learned Civil Judge and JMFC, Kundagol granting

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3 - NC: 2024:KHC-D:13183 CRL.P No. 102378 of 2024

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maintenance of Rs.7,000/- per month to respondent No.1 and Rs.10,000/- to respondent No.2. The said order has been challenged by the petitioner in Criminal Revision Petition No.5063/2023. The said revision came to be dismissed by order dated 06.07.2024. The petitioner has sought setting aside both the orders.

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This Court by order dated 02.09.2024 referred the matter to the Mediation Centre, Dharwad. A memorandum of agreement has been entered into by the petitioner and respondent No.1. The terms of settlement are stated in paras 4 and 5 which read thus:-

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“ 4. The petitioner and respondent have decided to rejoin the matrimonial home and restart the matrimonial relationship one more time on following terms and conditions.

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a) That, both the parties have agreed to settle the dispute, the petitioner and respondent have agreed to withdraw all allegations made in Crl. Misc No-7/2021. Respondent has agreed to rejoin the company of petitioner and petitioner has also ready to rejoin the company of respondent.

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4 - NC: 2024:KHC-D:13183 CRL.P No. 102378 of 2024

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b) The petitioner has agreed to take back and his daughter.

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c) The respondent has agreed that her parents will not interfere in their matrimonial issues.

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d) The petitioner and respondent are undertaken that they will not quarrell in future.

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e) The respondent undertakes to withdraw the execution/ Crl. Misc No121/2023 pending on the file of Learned Civil Judge and JMFC, Kundagol.

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5. Both the parties have read and agreed to the above terms and conditions. If the conditions are violated any both the parties they can revive the above petition.”

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Respondent No.1, who is the guardian of respondent No.2, submits that they agreed for terms of the agreement which are enumerated in the memorandum of agreement.

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The petitioner who is present before the Court submits that he will take respondent No.1, who is his wife and respondent No.2, his daughter, to his house and lead a happy marital life and will take care of his wife and daughter.

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5 - NC: 2024:KHC-D:13183 CRL.P No. 102378 of 2024

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Respondent Nos.1 and 2 are present and

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respondent No.1 submits that she has agreed for settlement and ready to go with the petitioner to his house to lead marital life along with her daughterrespondent No.2.

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In view of the above settlement between

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the parties, the petition is disposed of in terms of the memorandum of agreement entered into between the parties before the Mediation Centre, Dharwad.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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Kmv

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CT:ANB

Sri. Mallikakjan S/O Babusab Nadaf v. Smt. Sana Alia Asma W/O Mallikjan Nadaf

Case brief

What is this about?

What did the court decide?

Sri. Mallikakjan S/O Babusab Nadaf v. Smt. Sana Alia Asma W/O Mallikjan Nadaf

Case brief

What is this about?

What did the court decide?

What the court decided

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