Malvika Radhakrishnan Vs M P Bopaiah

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 15.10.2024 IN EX NO.132/2023 PASSED BY THE HON'BLE V ADDL. PRL. JUDGE, FAMILY COURT, BENGALURU ON INTERIM APPLICATION NO.6 AND IN TURN DISMISS THE SAID INTERIM APPLICATION NO. 6, (ANNX-J) AND ETC

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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NC: 2026:KHC:5031 WP No. 35468 of 2024

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HC-KAR

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ORAL ORDER

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Heard Sri.Siddhanth S. who appears through video conference and represents Sri.Arun Govindraj, learned counsel on record for the petitioner. Also heard Sri.Rawley Muddappa I.P., learned counsel for respondent who appears before this Court physically.

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Seeking the Court to issue a writ of certiorari or any other appropriate writ and thereby quash the order dated 15.10.2024 passed by the Court of V Additional Principal Judge, Family Court, Bengaluru on IA No.VI in Execution Petition No.132/2023, this writ petition is filed.

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The petitioner herein filed an Execution Petition basing on the Memorandum of Settlement arrived at between both the parties dated 16.01.2018. During the course of proceedings the Court through Order dated 12.03.2024 directed both parties to file their affidavits of assets and liabilities. Raising a contention that disclosure of his assets and liabilities is not required, respondent filed

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NC: 2026:KHC:5031 WP No. 35468 of 2024

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HC-KAR

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IA No.VI to recall the order dated 12.03.2024. On hearing both sides, the Court allowed the said application and thereby the order dated 12.03.2024 was recalled. Aggrieved by the same, the petitioner/decree holder is before this Court.

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Learned counsel who represents the petitioner submits that as per Clause-8 of Memorandum of Settlement, respondent herein undertook that in the event he starts earning good salary, he will on his own, monetarily contribute towards the educational expenses and other maintenance of the minor child. Learned counsel submits that now respondent has got good earnings and therefore he is required to contribute more and hence to know his financial position for the petitioner, to make the respondent abide by Clause-8 of Memorandum of Settlement, his statement of assets and liabilities is required.

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NC: 2026:KHC:5031 WP No. 35468 of 2024

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HC-KAR

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On the other hand, learned counsel for the respondent states that respondent lost his job and he was depending upon his mother for sometime. Even during that period, as per the terms of settlement he was paying the sum agreed upon every month without fail and sometimes he voluntarily sent ₹15,000/- to ₹20,000/more. Learned counsel states that to extract money, petitioner manipulated the things and projects, as if the child is in gymnastics, she requires a trainer and a physiotherapist. Learned counsel contends that so far as the relief sought for in Execution Petition is concerned, Court has to see whether respondent/judgment debtor is complying the conditions of Memorandum of Settlement or not. Learned counsel states in respect of the voluntary payment as per Clause-8 of the Memorandum of Settlement, in case the petitioner is of the view that respondent is earning more, she has to initiate separate proceedings. But, she cannot claim the voluntary contribution in the Execution Petition. Clause Nos.6 to 12

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NC: 2026:KHC:5031 WP No. 35468 of 2024

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HC-KAR

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of Memorandum of Settlement dated 16.01.2018 reads as under:

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"6. It is agreed between the parties, the 1^st petitioner will pay a sum of Rs.30,000/- per month for the child's support until her marriage.

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The 1^st petitioner further agrees to pay a sum of Rs.15,000/- per month from 01/01/2018 or equivalent to school fee, whichever is higher for the education of the minor child till the age of 18 years, Change in school or educational institution will be on mutual consent between the petitioners.

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8. The 1^st petitioner further undertakes that in the event he starts earning good salary, he will, on his own, monetarily contribute further towards the educational expenses and other maintenance of the minor child.

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It is agreed between the parties that the 1^st petitioner will incur 75% and the 2^nd petitioner will incur 25% towards the higher education of the minor child.

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It is agreed between the parties that the 1^st petitioner will pay the medical insurance of the child.

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7 - NC: 2026:KHC:5031 WP No. 35468 of 2024

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HC-KAR

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It is agreed between the parties that, if the 1^st petitioner get married he has to divide the property equally to the 1^st wife child and the 2^nd wife child if any.

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The petitioners state that they have no claims of any permanent alimony/maintenance against each other and also have no claims over the movable or immovable properties belonging to each other either past, present or future."

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As much stress is placed upon Clause-8, the same is

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highlighted.

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So far as the proceedings in Execution Petition

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are concerned, in case respondent/judgment debtor has taken a plea that he has no means to comply the terms and conditions of settlement, except Clause-8, the Executing Court will be at liberty to call for an affidavit/statement of assets and liabilities of the respondent/judgment debtor. However, for

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implementation of Clause-8, such statement is not required as the petitioner has to file a separate application as rightly submitted by learned counsel for the respondent

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NC: 2026:KHC:5031 WP No. 35468 of 2024

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HC-KAR

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for execution of the said clause. Therefore, the writ

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petition is disposed of with the following

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ORDER

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i) No indulgence of this Court is required on the Order passed by the Court of V Additional Principal Judge, Family Court, Bengaluru, on IA No.VI in Execution Petition No.132/2023 dated 15.10.2024.

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ii) However, in case respondent/judgment debtor takes a defence that he has no means to pay the amount fixed by the Court as per the terms of the settlement except clause-8, then the Court shall call for an affidavit/statement of assets and liabilities from the respondent/judgment debtor.

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Sd/(DR.CHILLAKUR SUMALATHA) JUDGE

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AP

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List No.: 1 Sl No.: 57

Malvika Radhakrishnan v. M P Bopaiah

Case brief

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Malvika Radhakrishnan v. M P Bopaiah

Case brief

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