Disposed

S Praveen Kumar v. Mrs Maria Lydia

Karnataka HC5 Dec 2024CRL.RP/56/2021

Case brief

AI extract

What is this about?

The High Court disposed of three co-filtered criminal revision petitions filed by married parties. A joint memo recorded an agreement where the petitioner paid the first installment of damages, with a condition that the respondent would not press her petition. The revision petitions were disposed of based on this settlement.

What did the court decide?

The Criminal Revision Petitions were disposed of as all parties amicably settled the dispute and commenced a mutual divorce petition.

S Praveen Kumar Vs Mrs Maria Lydia — Domestic Violence | Karnataka HC (2024)

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NC: 2024:KHC:50333 CRL.RP No. 56 of 2021 C/W CRL.RP No. 72 of 2021 CRL.RP No. 346 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 5^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL REVISION PETITION NO. 56 OF 2021

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C/W

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CRIMINAL REVISION PETITION NO. 72 OF 2021 CRIMINAL REVISION PETITION NO. 346 OF 2021

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IN CRL.RP No. 56/2021

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BETWEEN:

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S. PRAVEEN KUMAR, S/O M.SAGAYANATHAN, AGED ABOUT 37 YEARS, RESIDING AT NO.158, 5^TH CROSS, 1^ST BLOCK, BEGURU, BENGALURU-560 068.

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Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

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OFFICE ADDRESS: ARMY NO.153332224 HAV/CLK (SD) GE(1) (R AND D) (EAST) DRDO, C.V. RAMAN NAGAR, BENGALURU-560 093.

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(BY SRI GNANESH H.KEMPANNA, ADVOCATE)

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AND:

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MRS. MARIA LYDIA, W/O S. PRAVEEN KUMAR, AGED ABOUT 30 YEARS, RESIDING AT NO.23/1, K. NO.3^RD STREET, ASHOK NAGAR, BENGALURU-560 025.

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…PETITIONER

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…RESPONDENT

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(BY SRI K.S.UDAY, ADVOCATE)

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NC: 2024:KHC:50333 CRL.RP No. 56 of 2021 C/W CRL.RP No. 72 of 2021 CRL.RP No. 346 of 2021

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH 401 OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 06.05.2020 PASSED BY THE LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN APPEAL BEARING CRL.A.NO.636/2019 AND ORDER DATED 21.02.2019 PASSED BY THE METROPOLITAN MAGISTRATE TRAFFIC COURT-VI, BENGALURU IN CRL.MISC.NO.16/2016.

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IN CRL.RP NO. 72/2021

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BETWEEN:

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S. PRAVEEN KUMAR S/O M. SAGAYANATHAN, AGED ABOUT 37 YEARS, RESIDING AT NO.158, 5^TH CROSS, 1^ST BLOCK, BEGURU, BENGALURU-560 068.

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OFFICE ADDRESS ARMY NO.153332224 HAV/CLK (SD) GE(1) (R AND D) (EAST) DRDO, C.V. RAMAN NAGAR, BENGALURU-560 093.

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...PETITIONER

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(BY SRI GNANESH H.KEMPANNA, ADVOCATE)

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AND:

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MRS. MARIA LYDIA, W/O S. PRAVEEN KUMAR, AGED ABOUT 30 YEARS, RESIDING AT NO.23/1, K.NO.3^RD STREET, ASHOK NAGAR, BENGALURU-560 025.

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...RESPONDENT

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(BY SRI K.S.UDAY, ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH 401 OF CR.P.C PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 06.05.2020 PASSED BY LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,

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NC: 2024:KHC:50333 CRL.RP No. 56 of 2021 C/W CRL.RP No. 72 of 2021 CRL.RP No. 346 of 2021

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BENGALURU IN APPEAL BEARING CRL.A.NO.815/2019 AND ORDER DATED 21.02.2019 PASSED BY THE METROPOLITAN MAGISTRATE TRAFFIC COURT-VI, BENGALURU IN CRL.MISC.NO.16/2016.

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IN CRL.RP NO. 346/2021

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BETWEEN:

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MRS. MARIA LYDIA, AGED ABOUT 29 YEARS, W/O S. PRAVEEN KUMAR, NO.23/1, K NO, 3^RD STREET, ASHOK NAGAR, BANGALORE - 560 025.

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...PETITIONER

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(BY SRI K.S.UDAY, ADVOCATE)

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AND:

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MR. S. PRAVEEN KUMAR S/O M. SAGAYANATHAN, AGED ABOUT 36 YEARS, QUARTERS NO.P-1/1, 3^RD PHASE, DRDO, C.V.RAMAN AGAR, BANGALORE - 560 093.

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OLD ADREESS: NO.158, 5^TH CROSS, 1^ST BLOCK, BEGURU, BANGALORE-560 068.

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OFFICE ADDRESS; ARMY NO.15333222A HAV/CLK (SD) GE(1) (R AND D) (EAST) DRDO, C.V. RAMAN NAGAR, BENGALURU-560 093.

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M. SAGAYANATHAN, AGED ABOUT 58 YEARS.

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MARY FATHIMA,

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NC: 2024:KHC:50333 CRL.RP No. 56 of 2021 C/W CRL.RP No. 72 of 2021 CRL.RP No. 346 of 2021

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AGED ABOUT 56 YEARS, W/O M. SAGAYANATHAN.

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MABLE SHALINI AGED ABOUT 32 YEARS. D/O M. SAGAYANATHAN.

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SHARMILA AGED ABOUT 30 YEARS, D/O M. SAGAYANATHAN,

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ALL ARE RESIDING AT QUARTERS NO. P-1/1, 3^RD PHASE, DRDO, C.V. RAMA NAGAR, BANGALORE - 560 093. OLD ADDRESS: NO.158, 5^TH CROSS, 1^ST BLOCK, BEGURU, BANGALORE - 560 068.

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...RESPONDENTS

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(BY SRI GNANESH H.KEMPANNA, ADVOCATE)

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THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 READ WITH 401 OF CR.P.C PRAYING TO ENHANCE THE MAINTENANCE AND COMPENSATION FROM THE DATE OF PETITION, JUDGMENT AND ORDERS DATED 06.05.2020 COMMON JUDGMENT AND MODIFICATION ORDER DATED 06.05.2020 PASSED BY THE LEARNED SESSIONS COURT, BENGALURU IN PARTLY ALLOWING THE APPEAL FILED BY THE PETITIONER IN CRL.A.NO.636/2019 UNDER SECTION 29 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT FOR MODIFICATION AND ENHANCEMENT VIDE ANNEXURE-A AND ETC.

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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5 - NC: 2024:KHC:50333 CRL.RP No. 56 of 2021 C/W CRL.RP No. 72 of 2021 CRL.RP No. 346 of 2021

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CORAM: HON'BLE MR JUSTICE V SRISHANANDA

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ORAL ORDER

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Learned counsel for both parties have filed a joint memo. Joint memo reads as under:

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"We, S.Praveen Kumar , S/o M. Sagayanathan, Aged 40 Years, Residing at No.27/273, 5th Main Road, 5th Cross, Okalipuram, Bengaluru-560068 and Mrs. Maria Lydia , W/o S.Praveen Kumar, Aged about 30 years, Residing at No.1, 3rd Floor Markham Road, Ashok Nagar, Bengaluru-560025 do hereby submit as follows:

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1. We state that we are the Petitioner and Respondent in the above case and we are well conversant with the facts and circumstances of the case. Hence we are filing this Joint Memo.

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2. We the Petitioner and Respondent submit that the Respondent had filed the Section 12 DV Act petition before MMTC-V, Bengaluru in Cri.Misc 16/2016 and the said petition was allowed in part on 21/02/2019. Both the parties to the above case challenging the order passed by the trial Court preferred appeal before City Civil & Session court at Bengaluru [CCH-56] wherein Petitioner filed criminal appeal for dismissal of the Section 12 DV Act Petition in Cri.A No.815/2019 and Respondent filed for enhancement of the Maintenance award in Cri.A.636/2019. The Session Court after hearing both parties passed the Common order by dismissing the appeal filed by the Petitioner herein and allowing the

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NC: 2024:KHC:50333 CRL.RP No. 56 of 2021 C/W CRL.RP No. 72 of 2021 CRL.RP No. 346 of 2021

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Respondent Appeal in part on 06/05/2020. Both Parties Aggrieved by the order of the session court are before this Hon'ble Court in revision jurisdiction and the Petitioner herein have filed two Revision Petition challenging the Dismissal of his appeal and allowing the Respondent appeal in part in Cri. Rev.pet 56/2021 and Cri.Rev.pet.76/2021 respectively. Wherein Respondent have filed the Revision petition for enhancement of the Maintenance award in Cri.Rev.pet 346/2021 which still pending adjudication before this Hon'ble Court.

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3. We the Petitioner and Respondent submit that due to intervention of elders, well-wishers and family members of the both the sides have decided to dissolve the marriage and have already filed the Mutual divorce petition before the I Addl. Family Court, Bengaluru in M.C.No.6057/2024 to dissolve our marriage which was solemnized on 01/06/2014 at St.Partck's Church, Brigade Road, Bengaluru.

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4. We the Petitioner and Respondent submit that the Respondent have agreed to receive a sum of Rs.5,00,000/[Rupees Five Lakh Only] from Petitioner, as full and final settlement as regards alimony in three instalments and Petitioner have paid the First instalment and Respondent have already received the sum of Rs.1,00,000/- [Rupees One Lakh Only] on 24/09/2024 before Family Court, Bengaluru at the time filing the Mutual Divorce Petition and Second instalment has per agreed terms in mutual divorce petition, the Petitioner hereby undertake to pay sum of Rs.1,00,000/- [Rupees One Lakh Only] by

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NC: 2024:KHC:50333 CRL.RP No. 56 of 2021 C/W CRL.RP No. 72 of 2021 CRL.RP No. 346 of 2021

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way Demand Draft bearing No.853504 Drawn on State Bank of India, Residency Road Branch, Bengaluru vide dated 23/09/2024 before this Hon'ble Court on the receipt of the said payment as per agreed terms in mutual divorce petition Respondent have no objection to allow Cri.Rev.Pet 56/2021 C/w 76/2021 filed by Petitioner and dismiss Respondent Cri.Rev.Pet 346/2021 as not pressed. The third and final instalment of balance sum of Rs.3,00,000/- [Rupees Three Lakh Only] by way of demand draft shall be paid by the Petitioner to the Respondent before Family Court, Bengaluru, on both parties reporting to Court that their marriage be dissolved by a decree of divorce and before Family Court passes the decree nullifying their marriage. The Photo Copy of the DD is enclosed.

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5. We the Petitioner and Respondent submit that both of us have amicable settled matrimonial dispute and have decided to get separated in good terms. Further the Respondent don't want to prosecute the Domestic Violence proceedings initiated by her and have given consent to allow Cri.Rev.Pet 56/2021 C/w 76/2021 filed by Petitioner and dismiss her Cri. Rev. Pet 346/2021 as not pressed.

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6. We the Petitioner and Respondent submit that we have no rival Claims against each other or any of their family members and Further Respondent submit that she will not file any sort of cases against the petitioner in future with respect to their matrimonial.

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8 - NC: 2024:KHC:50333 CRL.RP No. 56 of 2021 C/W CRL.RP No. 72 of 2021 CRL.RP No. 346 of 2021

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Wherefore, we the Petitioner and Respondent pray that this Hon'ble court may be pleased to allow Cri. Rev. Pet 56/2021 C/w 76/2021 filed by Petitioner and dismiss Respondent Cri. Rev.Pet 346/2021 as not pressed, in the interest of Justice.

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We the undersigned declare that what stated in the above paras are true and correct to the best of our knowledge, belief and information."

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A sum of Rs.1,00,000/- is tendered by the revision petitioner to the respondent. The same is acknowledged in the order sheet.

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Placing the joint memo on record, the revision petition stands disposed of.

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It is made clear that, in the event the compensation amount as agreed in the joint memo is not paid, order of the learned Trial Magistrate confirmed by the First Appellate Court stands restored automatically.

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Sd/(V SRISHANANDA) JUDGE

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CPN

S Praveen Kumar v. Mrs Maria Lydia

Case brief

What is this about?

What did the court decide?

S Praveen Kumar v. Mrs Maria Lydia

Case brief

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