Disposed

Sri.S. Jayasimha v. S Vishal

Karnataka HC7 Aug 2024RPFC/217/2017

Case brief

AI extract

What is this about?

Revision petition filed under Sec. 19(4) Family Courts Act to set aside maintenance order. Parties filed a compromise petition under Order XXIII Rule 3 CPC. Court recorded compromise involving lakh rupee payment, property allotment, withdrawal of suits, and marriage revival waiver. Petition disposed accordingly.

What did the court decide?

Present revision petition disposed by recording the compromise petition filed by the parties.

Sri.S. Jayasimha Vs S Vishal — Maintenance and Alimony | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:31501 RPFC No. 217 of 2017

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 7^TH DAY OF AUGUST, 2024

¶4

BEFORE

¶5

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI REV.PET FAMILY COURT NO. 217 OF 2017

¶6

BETWEEN:

¶7

SRI. S. JAYASIMHA S/O S.N. LAXMINARAYAN REDDY, AGED ABOUT 47 YEARS, OCC: PRIVATE EMPLOYEE, RESIDING AT NO.DBR ENCLAVE APTS 3-4-460, NARAYANAGUDA, HYDERBAD - 500 029.

¶8

ALSO AT: SINGI REDDY PALLI (VILLAGE) HINDUPUR ANANTHAPUR (DISTRICT) ANDRAPRADESH- 515001.

¶9

…PETITIONER

¶10

Digitally signed by YAMUNA K L Location: High Court of Karnataka

¶11

(BY MS. YASHASWINI R. FOR SRI. E. VENKATARAMI REDDY, ADVOCATE)

¶12

AND:

¶13

S. VISHAL S/O S. JAYASIMHA, AGED ABOUT 11 YEARS.

¶14

SMT. E. VASUDHA REDDY W/O. S. JAYSIMHA, AGED ABOUT 41 YEARS,

¶15

(SINCE THE RESPONDENT NO.1 IS MINOR, REPRESENTED BY HIS MOTHER/NATURAL GUARDIAN)

¶16

2 - NC: 2024:KHC:31501 RPFC No. 217 of 2017

¶17

BOTH ARE RESIDING AT: NO.303, MAHAVEER NEST, SBI COLONY, DEVARACHIKKANAHALI BANNERGHATTA ROAD, BENGALURU -560 076.

¶18

…RESPONDENTS

¶19

(BY SRI. H.C. NATRAJ, ADVOCATE FOR R-2; R-1 IS MINOR REPRESENTED BY R-2)

¶20

¶21

THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURTS ACT, PRAYING TO SET ASIDE THE ORDER DATED 15.09.2017 PASSED IN CRL.MISC.NO.90/2011 PASSED BY THE II ADDL.PRINCIPAL JUDGE, FAMILY COURT, BENGALURU, AND PASS SUCH OTHER SUITABLE RELIEF AS THIS COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES O THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

¶22

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

¶23

CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI

¶24

ORAL ORDER

¶25

The present revision petition is filed aggrieved by the orders passed in Crl.Misc.No.90/2011 dated 15.09.2017, whereby, the Family Court had granted maintenance of an amount of 10,000/- to the son till he attains majority and the claim of the wife was rejected and also the husband was directed to pay a sum of 10,000/- towards litigation expenses.

¶26

3 - NC: 2024:KHC:31501 RPFC No. 217 of 2017

¶27

When the matter came up today, both the parties and their respective counsels were present and they filed a Compromise Petition under Order XXIII Rule 3 read with Section 151 of the Code of Civil Procedure, 1908, before this Court. The Compromise Petition filed by the parties reads thus:

¶28

"MEMORANDUM OF COMPROMISE PETITION UNDER ORDER XXIII RULE 3 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE

¶29

The Parties to the above named beg to submit as follows:

¶30

1. The Petitioner herein has filed the above Petition being highly aggrieved by the order dated 15.09.2007 passed in Crl. Misc. No.90/2011 by the Hon'ble II Additional Principal Judge, Family Court at Bengaluru. The Hon'ble II Additional Principal Judge, Family Court, Bengaluru vide its order dated 15.09.2007 in Crl. Misc. No.90/2011 partly allowed the Petition filed by the Respondents under Section 125 of Cr.P.C. and directed the Petitioner herein to pay Rs.10,000/- towards maintenance of the Second Respondent and arrears of maintenance.

¶31

2. The Second Respondent herein is the wife of the Petitioner and the First Respondent is minor son of the Petitioner. As there was some marital dispute between the Petitioner and the Second

¶32

4 - NC: 2024:KHC:31501 RPFC No. 217 of 2017

¶33

Respondent, the Petitioner filed MC No.3983/2011 before the Family Court, Bengaluru against the Second Respondent for dissolution of marriage and for other reliefs. The Hon'ble V Additional Family Court at Bengaluru vide its order dated 17.08.2017 in MC No.3983/2011, allowed the Divorce Petition. During the pendency of the above Petition, the parties, at the intervention of well-wishers and family friends, have resolved and settled their dispute amicably and have agreed to the following terms and conditions:

¶34

a) Now in view of the Compromise between the parties, the Petitioner has agreed to pay a sum of Rs. 10,00,000/- (Rupees Ten Lakhs Only) by way of Demand Draft bearing No. 033293, dated 29.07.2024 in favour of the First Respondent - S.Vishal; towards full and final settlement of the maintenance, including all arrears of maintenance. The Respondents has agreed to receive the above said amount towards full and final settlement of arrears of maintenance and future maintenance. The Respondents shall not seek any further maintenance from the Petitioner either present or future.

¶35

b) That apart from payment of above said amount towards full and final settlement towards maintenance and arrears of maintenance to the First Respondent, the Petitioner further agrees to allot the First Respondent's share in the ancestral

¶36

5 - NC: 2024:KHC:31501 RPFC No. 217 of 2017

¶37

immovable properties acquired by him under the registered Partition dated 17.06.2017. The Petitioner has agreed to execute partition deed or any deed conveying the following properties in favour of the First Respondent within one (1) month from the date of this Compromise Petition.

¶38

i) An extent of 1 acre 34 cents in Sy.No.131/1 ii) An extent of 20 cents in Sy.No.131/2 and iii) An extent of 2 acres 16 cents in Sy.No.132/3

¶39

In total an extent of 3 acres 70 cents situated at Hindupur Municipality Limits, Hindupur Mandal, Ananthpur District. All the above said properties bounded on East by: Road, West by: late S.Lakshminarayana Reddy Property, North by: RNR and South by: Property belonging to Jhansi.

¶40

c) The First Respondent is the only son of the Petitioner and on execution of the necessary documents herein the First Respondent relinquishes all his right, title and interest over the remaining ancestral properties of the Petitioner and his family members and shall not seek any further rights in the ancestral properties of the Petitioner and other family members. Further, the Second respondent also shall not seek any right in the ancestral properties or self-acquired properties of the Petitioner and other family members.

¶41

6 - NC: 2024:KHC:31501 RPFC No. 217 of 2017

¶42

d) The Respondents hereby agree to withdraw the suit in O.S.No.14/2020 filed by the First Respondent for partition and separate possession against the Petitioner and his family pending on the file of Senior Civil Judge Court at Hindupur by filing a Memo as the matter is settled out of the court and in view of the present Compromise Petition.

¶43

e) The Respondent No.2 hereby agreed to withdraw the criminal case filed against the petitioner and his family members pending before the 61 ACMM at Bangalore in C.C.No.29043/2011 and further agreed to give her consent to get quash/settle the case C.C.No.29043/2011 by in filling necessary petition/application in accordance with law.

¶44

f) The petitioner hereby agree to withdraw the petition in G & WC No.326/2021 filed by the petitioner against the respondent pending before the 6th Addl. Family Court at Bangalore by filling a memo as the matter is settled out of court in view of the present compromise petition.

¶45

g) The Petitioner and Respondents further agree to withdraw all the pending cases/Petitions, filed against each other, in terms of the present settlement arrived at between the parties.

¶46

7 - NC: 2024:KHC:31501 RPFC No. 217 of 2017

¶47

h) The Hon'ble V Additional Principal Judge, Family Court at Bengaluru vide its order dated 17.08.2017 in MC No.3893/2011, allowed the Divorce Petition filed by the Petitioner and dissolved the marriage between the Petitioner and the Second Respondent. The Second Respondent hereby undertakes that she will not seek revival of the MFA No.8023/2017 filed by the Second Respondent seeking to set-aside the order dated 17.08.2017 in MC No.3893/2011, passed by the Hon'ble V Additional Principal Judge, Family Court at Bengaluru and that the said order has reached its finality.

¶48

3. In view of the above settlement arrived between the parties, the parties herein pray that this Hon'ble Court may be pleased to dispose off the Petition in terms of the above Compromise.

¶49

VERIFICATION

¶50

We the petitioner and respondents above named to hereby state that what is stated above are true and correct to the best of our knowledge, information and belief."

¶51

The parties are present and the wife submits that she

¶52

has received the demand draft for an amount of �10,00,000/and with regard to the partition suit, they will file an appropriate application before the Trial Court.

¶53

¶54

NC: 2024:KHC:31501 RPFC No. 217 of 2017

¶55

In the light of the compromise entered into between the parties and recording the same, the present revision petition is disposed of. The compromise petition shall be

¶56

annexed to the order.

¶57

All I.As. in the revision petition shall stand closed.

¶58

Sd/(LALITHA KANNEGANTI) JUDGE

¶59

BMV* List No.: 1 Sl No.: 8

Sri.S. Jayasimha v. S Vishal

Case brief

What is this about?

What did the court decide?

Sri.S. Jayasimha v. S Vishal

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

Coram

Case details

Similar cases

D S Aravind Vs D S Uma Devi

Smt. Rekha @ Surekh Pujari Vs Union of India

Mr. Dhevarath A.C. Vs Smt. Likitha R

Mrs. Shruthi. S. Vs Mr. Kiran. a

Smt. Surekha K., Vs Sri B M Govinda Gowda

Mr M Lakappa Vs Mr Suresh