Disposed

Sri Malharu Urf Vilas S/O Ganesh Dixit v. Smt. Aparna W/O Malhari Dixit

Karnataka HC9 Sept 2024RPFC/100149/2022

Case brief

AI extract

What is this about?

Husband challenged Family Court Gadag's maintenance order. Mediation produced a settlement: spouses agreed to reunite, and the Rs.3,81,000 interim-maintenance deposit was to be released to the wife with accrued interest. Court accepted the lawful compromise and disposed of the petition accordingly.

What did the court decide?

Petition disposed of per compromise; registry directed to release Rs.3,81,000 with accrued interest to respondent; pending applications disposed.

Sri Malharu Urf Vilas S/O Ganesh Dixit Vs Smt… — Maintenance and Alimony | Karnataka HC (2024)

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NC: 2024:KHC-D:12887 RPFC No. 100149 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 9^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

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REVISION PETITION FAMILY COURT NO.100149 OF 2022

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BETWEEN:

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MALLARI (VILAS) S/O. GANESH DIKSHIT, AGE: 35 YEARS, OCC: PRIVATE JOB, R/O: VIDYA NAGAR, WEST, DIV. R/O: UDAYA HOUSING COLONY, HAVERI, TQ: DIST: HAVERI – 581 110.

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…PETITIONER

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(BY SRI SHIVA SHIRUR, ADVOCATE)

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AND:

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APARNA W/O. MALHARI (VILAS) S/O. GANESH DIKSHIT, AGE: 33 YEARS, OCC: HOUSEHOLD, R/O:C/O: ANUPAMA W/O. ASHOK KULKARNI, HOSMANI CHAWL, NEAR CHAPHEKAR HOSPITAL, TQ AND DIST: GADAG – 581 117.

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka

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NOW AT R/O: PARVATI NOLAYA NEAR KAREMMA TEMPLE, TALUK AND DISTRICT GADAG – 581 117.

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…RESPONDENT

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(BY SRI SRINIVAS NAIK, ADVOCATE)

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THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURT ACT, 1984, PRAYING TO, SET ASIDE THE ORDER DATED 28.07.2022 PASSED BY THE PRINCIPAL JUDGE, FAMILY COURT AT GADAG IN CRL.MISC NO. 65/ AND CRL.MISC 65/2021 MAY KINDLY BE ORDERED TO BE REJECTED AND THE GRANT OF MAINTENANCE MAY KINDLY BE SET ASIDE AND ETC.,

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2024:KHC-D:12887 RPFC No. 100149 of 2022

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ORAL ORDER

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Challenging order dated 28.07.2022, passed by Principal Judge, Family Court, Gadag in Crl.Misc.no.65/2021, this petition is filed.

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During it’s pendency, at request, matter was referred for mediation. Parties have appeared and reported settlement. Memorandum of agreement drawn under Section 89 of CPC, contending terms and conditions of settlement and same is signed by parties, forwarded to this Court for acceptance. Parties are present and they are identified by their respective counsel. They have stated that they have voluntarily signed compromise petition without any threat, coercion or inducement from anyone. Terms of compromise settlement are as follows:

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a) That, the petitioner has agreed to rejoin with the respondent and respondent has also ready to rejoin the petitioner.

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b) That, the petitioner has promised with the respondent that, he would quit all the habits and restart the matrimonial relationship afresh.

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C) That, the petitioner has agreed to take care of respondent, further petitioner has agreed to make separate arrangements at Gadag. Since, the petitioner intends to shifts from Haveri to Gadag for avocation, for which the respondent

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3 - NC: 2024:KHC-D:12887 RPFC No. 100149 of 2022

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has readily accepted the same and ready to rejoin at Gadag.

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d) Further the father of the petitioner has assured the respondent that, he would make arrangements in the properties, if both the petitioner and respondent reside happily together.

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e) Further petitioner and respondent have mutual and without any influence have both agreed to rejoin and lead happy marital life, henceforth.

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f) The petitioner has deposited an amount of Rs. 3,81,000/- towards compliance of interim order dated 20/01/2022. The said amount in deposited with this Hon'ble Court. The petitioner has agreed and has no objections to keep the said amount in fixed deposit in the name respondent. Further the petitioner has of no objection to utilize the said amount at her will and wish if she wants. The copy of fixed deposit receipt shall be handed over to respondent.

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As per terms of settlement, petitioner has agreed

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for release of Rs.3,81,000/- deposited before this Court in compliance with interim order, to be released in favour of respondent. It is also stated that he has no objection for keeping said amount in fixed deposit, which could be utilized by her as per he own wish. Since, respondent has expressed that she wants to withdraw said amount, registry is directed to release said amount with accrued interest to her.

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NC: 2024:KHC-D:12887 RPFC No. 100149 of 2022

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Terms of compromise petition are lawful and

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compromise petition is taken on record. RPFC stands disposed of in terms of compromise.

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In view of disposal, pending application also stands

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disposed of.

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Sd/(RAVI V.HOSMANI) JUDGE

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VB CT-ASC List No.: 2 Sl No.: 1

Sri Malharu Urf Vilas S/O Ganesh Dixit v. Smt. Aparna W/O Malhari Dixit

Case brief

What is this about?

What did the court decide?

Sri Malharu Urf Vilas S/O Ganesh Dixit v. Smt. Aparna W/O Malhari Dixit

Case brief

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What did the court decide?

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