Smt.Renuka W/O Yankappa vs Yankappa S/O Late Hanumantha
2021 Latest Caselaw 6372 Kant

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        IN THE HIGH COURT OF KARNATAKA
               KALABURAGI BENCH

   DATED THIS THE 17TH DAY OF DECEMBER 2021

                      PRESENT

        THE HON'BLE MR.JUSTICE R. DEVDAS
                         AND
  THE HON'BLE MR.JUSTICE RAJENDRA BADAMIKAR


             MFA No.200484/2014 (FC)

BETWEEN:

SMT.RENUKA W/O: YANKAPPA,
AGE: 29 YEARS, OCC: HOUSEHOLD,
R/O: HEMBERAL VILLAGE,
TQ & DIST: RAICHUR-584101.
                                     ... APPELLANT
(BY SRI.VEERANGOUDA MALIPATIL, ADVOCATE)

AND:

YANKAPPA S/O: LATE HANUMANTHA,
AGE: 33 YEARS, OCC: JR.LINEMAN,
R/O: GESCOM, O & M III SECTION OFFICER-VI,
CSC RAICHUR-584101.
                                         ... RESPONDENT
(BY SRI.BASAVARAJ R.MATH, ADVOCATE)

      THIS MFA IS FILED UNDER SECTION 19(1) OF FAMILY
COURT ACT, PRAYING TO ALLOW THE APPEAL BY SETTING
ASIDE THE JUDGMENT AND AWARD DATED 05.02.2014 PASSED
IN M.C.NO.12/2013 BY THE LEARNED PRL.JUDGE FAMILY
COURT RAICHUR AND CONSEQUENTLY DISMISS THE PETITION
FILED BY THE PETITITIONER WITH COST THROUGHOUT.
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      THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, R.DEVDAS J., DELIVERED THE FOLLOWING:

                     JUDGMENT

R. DEVDAS J., (ORAL):

The parties have filed a joint memo dated

17.12.2021 stating that at the intervention of family

members and well wishers, the parties have agreed to

put an end to all the litigation between themselves on

the terms stated in the joint memo.

2. It is stated in the joint memo that the

appellant-wife is withdrawing this miscellaneous first

appeal and respondent-husband has agreed to pay

permanent alimony of Rs.11,00,000/- within a period

of three months from today. A sum of Rs.5,00,000/-

will be paid by the respondent-husband on or before

31.12.2021 by way of demand draft. Similarly, the

balance of Rs.6,00,000/- will be paid on or before

17.03.2022 by way of demand draft in favour of the

appellant-wife.

3. The appellant-wife has agreed not to seek

maintenance from January 2022 and that she will

withdraw all the cases filed by her. The appellant-wife

has also agreed to withdraw Criminal

Misc.No.77/2021, which she had filed for seeking

enhancement of maintenance. Further in

C.C.No.1108/2012 pending on the file of the Principal

Civil Judge & JMFC-II, which was later transferred to

Principal Civil Judge & JMFC-IV, Raichur, although it is

stated in the joint memo that the appellant would

withdraw the case, it is required to be noticed that

respondent-husband will be required to file a petition

under Section 482 of Cr.P.C. seeking to quash all

further proceedings and the appellant-wife is required

to be file an affidavit bringing to the notice of the

Court in C.C.No.1108/2012, the contents of this joint

memo and the orders passed by this Court to enable

quashment of the case.

4. In the light of the above and in terms of

the joint memo dated 17.12.2021 filed by the

appellant-wife and respondent-husband, this appeal is

dismissed as withdrawn.

Ordered accordingly.

Sd/-

JUDGE

Sd/-

JUDGE

msr