Karnataka High Court
Santosh S/O Dondiba Chitragar vs Smt.Anjali W/O Satish Chitragar on 15 December, 2021
Bench: R.Devdas, Rajendra Badamikar
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF DECEMBER-2021
PRESENT
THE HON'BLE MR.JUSTICE R. DEVDAS
AND
THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR
MISCELLANEOUS FIRST APPEAL NO.201963/2015 (FC)
C/W
MISCELLANEOUS FIRST APPEAL No.202017/2015 (FC)
In MFA No.201963/2015
BETWEEN:
Santosh S/o Dondiba Chitragar,
Age: 34 years, Occ: Govt. Service,
R/o. New Nehru Nagar, Mulla Plot,
Near Mundevadi Hospital,
Vijayapur-586101.
..... Appellant
(By Sri. Koujalagi Chandrakant Laxman, Advocate)
AND:
Smt. Anjali W/o Satish Chitragar,
Age: 27 Years, Occ: Household,
R/o. C/o Sudhakar S.Ingale,
Revanasiddeshwar Colony, Aland,
Tq. Aland, Dist. Kalaburagi-585314.
..... Respondent
(By Sri. Sharanabasappa K.Babshetty, Advocate)
This MFA is filed under Section 19(1) of the Family
Courts Act, praying to allowed by setting aside the
portion of judgment and decree i.e. awarding of
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Rs.7,50,000/- as permanent alimony, dated 03.11.2015
passed in M.C.No.93/2014 by the learned Judge,
Family Court, Vijayapur, in the interest of justice and
equity.
In MFA No.202017/2015
BETWEEN:
Smt. Anjali W/o Satish Chitragar,
Age: 27 Years, Occ: Household work,
R/o. C/o Sudhakar S.Ingale,
Revanasiddeshwar Colony, Aland,
Dist. Kalaburagi.
..... Appellant
(By Sri.Sharanabasappa M.Patil, Advocate)
AND:
Santosh S/o Dondiba Chitragar,
Age: 34 years, Occ: Govt. Service,
R/o. New Nehru Nagar, Mulla Plot,
Near Mundevadi Hospital,
Vijayapur-586101.
..... Respondent
(By Sri. Koujalagi Chandrakant Laxman, Advocate)
This MFA is filed under Section 19(1) of the Family
Courts Act, praying to call for the lower court records
and allow the appeal and set aside the judgment and
decree dated 03.11.2015, passed by the Judge Family
Court at Vijayapur, in MC No.93/2014, in the interest
of justice an equity.
These appeals coming on for hearing this day,
Rajendra Badamikar.-J., delivered the following:
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JUDGMENT
The learned counsel for the appellant-husband in
MFA No.201963/2015 has filed a memo along with a
Demand Draft dated 13.12.2021 drawn in favour of
Additional Registrar General of this court for a sum of
Rs.7,50,000/- to be paid as permanent alimony to
respondent-wife.
2. The appellant-husband has filed
M.C.No.93/2014 on the file of Judge, Family Court,
Vijayapur seeking divorce against respondent-wife. The
petition came to be allowed by dissolving the marriage
between appellant and respondent herein by order
dated 11.02.2008. However, the Family Court has
awarded permanent alimony Rs.7,50,000/- to the wife-
respondent to be paid by the appellant herein. The
appellant in MFA NO.201963/2015 had challenged the
award of permanent alimony. The wife had challenged
the judgment and decree of granting divorce.
3. This court on 26.02.2021 passed the
following order:
In MFA No.201963/2015 appellant-
Sri Santosh is present before the court and
seeks four weeks time to make the
payment of permanent alimony of
Rs.7,50,000/- and undertakes to pay the
same through demand draft, drawn in the
name of respondent-wife within
31.03.2021.
Learned counsel for the respondent
under the instructions from the
respondent-wife submits that on deposit of
permanent alimony, the wife would
withdraw the connected appeal in MFA
No.202017/2015.
To enable the parties to comply with
their undertaking, list the matters on
31.03.2021.
4. On 23.07.2021 again this court had passed
an order considering offer made by the appellant herein
for part payment and issued direction for deduction of a
sum of Rs.20,000/- every month from the salary of
appellant till permanent alimony is paid.
5. In view of the earlier order dated 23.07.2021,
the Demand Draft is taken on record and in view of the
deposit of permanent alimony, the learned counsel for
the appellant-husband would submit that his appeal
may be dismissed as withdrawn.
6. The learned counsel for respondent-wife who
is the appellant in MFA No.202017/2015 would submit
that as per earlier undertaking, in view of deposit of
permanent alimony, the appeal filed by the respondent-
wife in MFA No.202017/2015 may also dismissed as
withdrawn.
7. The submissions of both the counsels are
placed on record.
8. In view of deposit of permanent alimony of
Rs.7,50,000/-, both MFA No.201963/2015 and MFA
No.202017/2015 stands disposed off as withdrawn.
9. Respondent-wife in MFA No.201963/2015
and appellant in MFA No.202017/2015 is permitted to
withdraw the permanent alimony amount of
Rs.7,50,000/- deposited by husband as per the orders
of the trial court.
10. In view of the deposit of permanent alimony,
the order dated 23.07.2021 regarding payment of
maintenance of Rs.20,000/- every month by the
husband stands, recalled.
Ordered accordingly.
Sd/-
JUDGE
Sd/-
JUDGE
SMP
