Mr Alwyn Vincent D'Souza vs Mrs Flavia Stella D'Souza
2022 Latest Caselaw 10417 Kant

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 6TH DAY OF JULY 2022

                       BEFORE

          THE HON'BLE MR. JUSTICE M.I.ARUN

                 RPFC No.35 OF 2022

BETWEEN:

MR ALWYN VINCENT D'SOUZA
AGED ABOUT 49 YEARS
S/O SANTHAN D'SOUZA
KODI HOUSE (PADAVU)
PERMUDE POST
MANGALORE TALUK 574 509               ... PETITIONER

(BY SRI.GANGAPATHI BHAT, ADV. AND
    SRI. VENKATESH SOMAREDDI, ADV.)

AND:

1.     MRS.FLAVIA STELLA D'SOUZA
       AGED ABOUT 44 YEARS
       W/O ALWYN VINCENT D'SOUZA

2.     OLIVEERA NISCHEL D'SOUZA
       AGED 20 YEARS
       D/O ALWYN VINCENT D SOUZA

       BOTH ARE R/AT THIMMUKODI HOUSE
       AMTADY POST, BANTWAL 574 211
                                    ... RESPONDENTS

(BY SRI.ANKIT CHAHARIA, ADV. FOR R1 & R2)

     THIS RPFC IS FILED UNDER SECTION 19(4) OF THE
FAMILY COURTS ACT, 1984 AGAINST THE JUDGMENT
DATED 31.12.2021 PASSED IN CRL.MISC.CASE No.20/2018
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ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE,
FAMILY COURT, DK, MANGALURU, ALLOWING THE
PETITION FILED UNDER SECTION 125 READ WITH 127 OF
Cr.P.C FOR MAINTENANCE.

     THIS RPFC COMING ON FOR ADMISSION, THIS DAY,
THROUGH VIDEO CONFERENCE, THE COURT MADE THE
FOLLOWING:

                          ORDER

Petitioner is the husband, respondent no.1 is the wife

and respondent no.2 is the daughter. Due to difference of

opinion, the respondents had preferred Criminal

Miscellaneous Case No.20/2018 wherein it was directed by

the Family Court, D.K., Mangaluru by order dated

31.12.2021 that respondent no.1 herein be paid a monthly

maintenance of Rs.10,000/- (Rupees Ten Thousand only)

and Rs.15,000/- (Rupees Fifteen Thousand only) for

respondent no.2 by the petitioner herein. Aggrieved by the

same, the instant petition is filed.

2. It is submitted that during pendency of the petition,

the parties have entered into a compromise and they have

reunited and are living happily. For that reason, the parties

in unison pray that the aforesaid order passed by the Family

Court in Criminal Miscellaneous Case No.20/2018 be set

aside and they have filed a compromise petition dated

07.04.2022 in this regard.

3. Learned counsel for the petitioner and the

respondents are present before the Court and the petitioner

and the respondents have appeared through Video

Conference. They are duly identified by their respective

Counsel. The parties have agreed to the compromise

entered into between them.

4. The compromise petition is taken on record. As per

the terms of compromise, the order dated 31.12.2021

passed by the I Additional Principal Judge, Family Court,

D.K., Mangaluru in Crl.Misc.Case No.20/2018 is set aside.

The revision petition stands disposed of accordingly.

Sd/-

JUDGE

hkh.