Mr Vinod P Shetty Vs Mrs Rashmitha v Shetty — Maintenance and Alimony | Karnataka HC (2026)

Mr Vinod P Shetty Vs Mrs Rashmitha v Shetty — Maintenance and Alimony | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Revision petition disposed of in terms of the Joint Memo dated 11.03.2024: respondent-husband paid Rs. 10,00,000 to Respondent No.1 (wife) towards permanent maintenance/alimony and Rs. 10,00,000 by way of fixed deposit for minor Respondent No.2 until she attains majority (interest withdrawable by the mother for the child's day-to-day expenses and school fees); petitioners agreed to claim no monthly maintenance or other future claims; custody of the minor to continue with the mother.

Issue for consideration

Whether the revision petition filed by the petitioner/husband seeking to set aside the Family Court order dated 04.01.2023 in Crl.Misc.No.37/2020 (partly allowing maintenance under S.125 CrPC) should succeed.

Court's answer

In terms of the Joint Memo dated 11.03.2024 recording the amicable settlement between the parties (including payment of Rs. 10,00,000 to the wife towards permanent maintenance/alimony and Rs. 10,00,000 by way of fixed deposit for the minor daughter), the revision petition is disposed of.

Detailed headnote1 paragraphs

Family Courts Act, S.19(4) — Revision against maintenance order — Disposal on settlement. Revision petition (RPFC No. 130 of 2023) by the husband against the order dated 04.01.2023 of the I Additional Principal Judge, Family Court, D.K., Mangaluru, in Crl.Misc.No.37/2020, whereby the petition filed under S.125 CrPC for maintenance was partly allowed. Learned counsel filed a Joint Memo dated 11.03.2024 recording an amicable settlement arrived at through relatives and well-wishers: the husband paid Rs. 10,00,000 (D.D. No. 374422 dated 07-03-2024, Canara Bank, Kavoor Branch) to the wife towards permanent maintenance/alimony, and Rs. 10,00,000 by way of Fixed Deposit Receipt No. 570579 dated 11-03-2024 (Union Bank of India, Mangaluru) for the minor daughter, to remain in force till her majority with interest withdrawable by the mother for the child's day-to-day expenses and school fees. In view of these payments, the petitioners agreed not to claim the monthly maintenance ordered on 04.01.2023 or any other future claim, and custody of the minor was to continue with the mother. Taking the Joint Memo on record, the High Court disposed of the petition in terms of the settlement.

1 - NC: 2026:KHC:21594 RPFC No. 130 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF APRIL, 2026

BEFORE

THE HON'BLE DR. JUSTICE K.MANMADHA RAO

REV.PET FAMILY COURT NO.130 OF 2023

BETWEEN:

MR. VINOD P. SHETTY AGED ABOUT 42 YEARS, S/O PRAKASH SHETTY, R/AT DOOR NO.2-132, DHOTA HOUSE, CHIKKA PARARI, KENJARU VILLAGE, VIA BAJPE, MANGALURU TALUK, DAKSHINA KANNADA- 574 142.

…PETITIONER

(BY SRI. RANJAN KUMAR K.,ADVOCATE)

AND:

MRS. RASHMITHA V. SHETTY D/O JAGANNATHA SHETTY

Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA

KUMARI ATHMI V. SHETTY D/O VINOD P.SHETTY AND RASHMITHA V. SHETTY AGED ABOUT 11 YEARS, MINOR REPRESENTED BY MOTHER AND NATURAL GUARDIAN, PETITIONER NO.1.

BOTH ARE R/AT SHESHAPPA COMPOUND, KAVOOR POST, PADAVINANGADY, MANGALURU TALUK, DAKSHINA KANNADA- 575 015.

…RESPONDENTS

(BY SRI. AJAY PRABHU M.,ADVOCATE, R2 MINOR REPRESENTED BY R1)

2 - NC: 2026:KHC:21594 RPFC No. 130 of 2023

HC-KAR

THIS RPFC IS FILED U/S.19(4) OF THE FAMILY COURT ACT AGAINST THE ORDER DATED 04.01.2023 PASSED IN CRL.MISC.NO.37/2020 ON THE FILE OF THE IST ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT D.K., MANGALURU PARTLY ALLOWING THE PETITION FILED U/S.125 OF Cr.P.C. FOR MAINTENANCE.

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

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

ORAL ORDER

The present petition is filed by the

petitioner/husband seeking to set aside the impugned order dated 04.01.2023 in Crl.Misc.No.37/2020 on the file of the I Additional Principal Judge, Family Court, D.K., Mangaluru (‘the Family Court’, for short).

Learned counsel for the petitioner has filed a

memo along with Joint Memo dated 11.03.2024.

The same is taken on record.

The Joint Memo dated 11.03.2024 reads as

under:-

3 -

NC: 2026:KHC:21594 RPFC No. 130 of 2023

HC-KAR

JOINT MEMO FILED BY THE PETITIONERS AND THE RESPOMDENT IN THE ABOVE CASE

The Petitioners and the Respondent jointly submits as follows

1. The Petitioners and the Respondent have amicably settled their intersay dispute in the above case at the intervention of the relatives and well-wishers.

2. The Respondent has paid a sum of Rs. 10,00,000/(Rupees Ten Lakhs Only) to the Petitioner No.1 Smt Rashmitha V. Shetty towards permanent maintenance/ Alimony as per D.D. Bearing No. 374422 Dated 07-032024 Drawn on Canara Bank, Kavoor Branch, Mangalore

3. The Respondent has paid a sum of Rs. 10,00,000/(Rupees Ton Lakhs Only) to the Petitioner No.2 Kum. Athmi V.Shetty by way of Fixed Deposit Receipt Bearing No.570579 Dated 11-03-2024 Drawn on Union Bank of India Branch, Mangaluru, The said Fixed Deposit shall remain in force till the minor Petitioner No.2 attains the age of majority. However, the Petitioner No.1 who is the nominee in the F.D Receipt is entitled to withdraw the periodical interest accrued on the F.D amount and utilize the same towards the day today expenses and school fee of the Petitioner No. 2.

4. That in view of the above payment made by the respondent to the petitioners, the petitioners shall not claim the monthly maintenance ordered by this Honorable Court in Crl.M.C.No. 37/2020 dated 4-012023.

5. The respondent shall withdraw the R.D.F.C.No.130/2023 pending before the Honorable High Court of Karnataka and confirm the divorce granted in M.C. No. 127/2017 dated 24-07-2017.

6. The settled quantum of amount paid to the petitioners shall be permanent and lifetime settlement The Petitioner No.1 undertaken and assure that no claim of whatsoever shall be claimed by Petitioners in future against the respondent for any purpose. That all the needs of minor child/Petitioner No.2 Athmi V. Shetty present as well as

4 - NC: 2026:KHC:21594 RPFC No. 130 of 2023

HC-KAR

the future shall be looked after by the Petitioner No.1 and shall indemnify the Respondent against any claim if made by the minor child in future.

7. The petitioners and the respondents shall not have any claim against each other in present or in future. Further, the custody of the minor Petitioner No. 2 Athmi V.Shetty shall remain and continue with the mother/petitioner No.1 herein.

8. The settlement is arrived at between the parties out of free will and consent after detailed discussion of the wellwishers and the same is agreed upon between the parties without any compulsion coercion or threat Further, the petitioners and the respondent shall not interfere against each others life in future.

Hence it is humbly prayed that, in view of the above settlement, the above case may be dismissed as settled in interest of justice,

In terms of the Joint Memo, the petition is

disposed of .

SD/(DR.K.MANMADHA RAO) JUDGE

MH/-

List No.: 1 Sl No.: 22