Shri K V Nataraj v. Smt. C.S. Vijaya Kumari

NC:(2024:KHC:53193( RPFC(No.(38(of(2020( ( ( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU( TH DATED(THIS(THE(20 (DAY(OF(DECEMBER,(2024(

BEFORE(

THE(HON'BLE(MR(JUSTICE(ASHOK(S.KINAGI(

REV.PET(FAMILY(COURT(NO.(38(OF(2020((

BETWEEN:(( (

SHRI,K,V,NATARAJ, S/O,SRI.,K,V,VENKATESH, AGED,ABOUT,48,YEARS,

R/O,BEHIND,AJJI,HOTEL,, RAMESHWARAM,NAGARA,,, CHIKKAMAGALURU-577101.,

ANS,ALSO,AT,C/O,SOWPARNIKA,,, OPP:,SHINY,STAR,SCHOOL,,, LIONS,CLUB,ROAD,,MADHUVANA,LAYOUT,,

CHIKKAMAGALURU-577101., …PETITIONER, ,

(BY,SRI.,MANJUNATHA,R,&,SRI.,M.V.,SRIDHAR,CHAKRAVATHI,, Digital lytisigned ADVOCATES), by0B0VEENA , KUMARI AND:( Location:0HIGH ( COURT0OF

1., SMT.,C.S.,VIJAYA,KUMARI,KARNATAKA W/O,SRI.,K,V,NATARAJ, D/O,SRI,SHIVANNA, AGED,ABOUT,47,YEARS, ,

2., MASTER,SOHAN, S/O,K.V.,NARATAJ, AGED,ABOUT,15,YEARS,,STUDENT, , BOTH,ARE,R/O,HUNASE,MARADA,BEEDI,, NEAR,GURUNATHA,THEATRE,, CHIKKAMAGALURU-577101.,

SINCE THE RESPONDENT NO.2 IS MINOR IN AGE REPT. BY HIS NATURAL GUARDIAN MOTHER RESPONDENT NO.1 …RESPONDENTS (RESPONDENT No.1 SERVED)

THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURT ACT, AGAINST THE JUDGMENT AND DECREE DATED

13.11.2019 PASSED IN CRL.MISC.NO.58/2017 ON THE FILE OF THE C/C PRINCIPAL JUDGE, FAMILY COURT, CHIKKAMAGALURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 125 OF Cr.P.C FOR MAINTENANCE.

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

CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

ORAL ORDER

Learned counsel for the petitioner filed a memo reporting settlement. It is stated that there were multiple cases pending between the parties in Chikkamagaluru Court and this High Court. Finally at the intervention of elders and well-wishers both the parties have amicably resolved all the disputes and have filed a compromise petition in O.S.No.62/2021 on 25.10.2024, on the file of learned I Additional Senior Civil Judge and JMFC, Chikkamagalur.

¶2The parties have arrived at a compromise and the compromise petition was filed and the compromise decree was drawn, and copy of the compromise decree is produced along with a memo. As the parties have settled the matter out of the Court.

¶3The trial Court has drawn a compromise decree. The terms and conditions of the compromise decree are as follows:

The Plaintiffs and Defendant No.1 most respectfully submits as follows:

¶1That the plaintiffs have filed the above suit against the Defendants for partition and separate possession, permanent alimony and maintenance. The Plaintiffs and Defendants have settled the matter before the mediation as per the terms and conditions:

¶2The Defendant No.1 has agreed to pay a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs) towards permanent alimony/maintenance of the Plaintiffs. The Defendant No.1 has already deposited Rs.2,50,000/- before this Honourble Court and the said amount may be released in favour of Plaintiffs. The defendant No.1 already paid Rs.90,000/- in Crl.Misc.No.30/2024 before the Honourble Prl.Judge Family Court at Chikkamagaluru. Balance of Rs.21,60,000/- is paid through 02 Demand Drafts drawn on State Bank of India, Chikkamagaluru, in the said amount Rs.12,50,000/- paid to the Plaintiff

through DD bearing No.020886 drawn on SBI, Chikkamagalur and Rs.9.10,000/- is payable to Plaintiff No.2 through DD bearing No.020887 drawn on SBI, Chikkamagaluru. The said amount is full and final settlement including maintenance/permanent alimony and there are no further claims from the Plaintiff hereinafter in any change of circumstances.

¶3The Plaintiffs have agreed that, the plaint schedule 'A' and 'B' properties are the self-acquired properties of Defendant Nos. 1 to 3. The plaintiffs also conceding that the Defendant Nos.1 to 3 are the absolute owner of the said property and the Plaintiffs shall not claim any right over the said properties henceforth.

¶4The Plaintiff Nos.1 and 2 have consented for sale of the item No.2 and item No.5 of the plaint 'A' schedule properties.

¶5The Plaintiffs have filed the maintenance petition before the Honourble Prl. Judge Family Court, Chikkamagaluru in Crl.Misc.No.58/2017 and the said petition was partly allowed and Defendant No.1 has preferred RPFC No.38/2020 and the same is pending consideration before the Hon'ble High Court of Karnataka at Bengaluru and the Plaintiffs agree to allow the said petition and they also under take to present before the Hon'ble High Court of Karnataka at Bengaluru and report the settlement.

¶6Further the plaintiff No.2 and Defendant No.1 has also agreed to report settlement in MFA/1934/2020 which is pending before the Hon'ble High Court of Karnataka at Bengaluru and by virtue of this settlement the 2nd Plaintiff shall consent for allowing the MFA. 0

¶7Further the Plaintiffs have also filed Crl.Misc. Petition No.46/2019 under Domestuc Violence Act which was dismissed by the Hon'ble Prl.CJM. Chikkamagaluru, against the said orders the

Plaintiffs have filed Crl.Appeal No.48/2024 which is pending before the Hon'ble 2nd Addl.Dist.Court, Chikkamagaluru and by virtue of this settlement the Plaintiffs have agreed to withdraw the said appeal.

¶8The plaintiff No.2 has also filed MC petition bearing No.57/2024 for Restitution of Conjugal Rights before the Hon'ble Prl. Judge Family Court, Chikkamagalur. and she has agreed to withdraw the said petition in due course.

¶9Further the Plaintiffs have filed the recovery petition under Crl. Misc. No.113/2024 and they undertake to withdraw the said petition.

¶10The Plaintiff No.2 has also filed the private complaint against the Defendant No.1 in PCR No.31/2019 before Hon'ble CJM, Chikkamagaluru and she agreed to withdraw the complaint.

¶11The suit against Defendant Nos.2 to 5 may be dismissed as not pressed.

¶12The Plaintiff and 1st defendant hereby fully release each other from any liabilities or duties which they owe to each other. Further, both the parties hereby confirm that they have fully and permanently relinquished all their rights of any nature against each other and have no past, present or future claims against each other whatsoever.

Wherefore, it is prayed that this Honourble Court be pleased to decree the suit in terms of the compromise petition filed in the interest of justice and equity.

¶4From the perusal of the compromise decree, the respondent has agreed to allow the petition in RPFC

No.38/2020 pending before this Court. As the parties have settled the matter out of the Court in O.S.No.62/2021, in view of the same nothing survives for consideration in this revision petition.

¶5Memo is placed on record.

¶6Accordingly, the revision petition is disposed of.

Sd/- (ASHOK S.KINAGI) JUDGE

SKS