H. Shivajogayya S/O. Fakirayya @ ... vs Smt. P. Shashikala W/O. H. ...
2022 Latest Caselaw 3773 Kant

  IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

       DATED THIS THE 5 t h DAY OF MARCH, 2022

                       BEFORE

       THE HON'BLE MR.JUSTICE RAVI V.HOSMANI


               R.P.F.C. NO.100142/2017

BETWEEN

H. SHIVAJOGAYYA S/O. FAKIRAYYA @ PAKEERAPPA
AGE: 50 YEARS,OCC: NIL,
R/O: H.NO. 1921, WARD NO.3,
HUDCO COLONY, TOTADA MAUT,
MUNDARGI-582118,
GADAG DISTRICT: 582118.
                                          ...PETITIONER
(BY SRI.S.B.DODDAGOUDRA, ADV. FOR
 SMT.SUMANGALA A.CHAKALABBI &
 SRI .M.A.MAKANDAR, ADVS.)

AND

SMT. P. SHASHIKALA W/O. H. SHIVAJOGAYYA,
D/O. P.C. SESHANNA, AGE: 40 YEARS,
OCC:
R/O: DOOR NO. 118/A II CROSS,
VENKATESHWARA NAGAR,
ANANTAPUR ROAD, BALLARI-583101.
                                           ...RESPONDENT

(BY SRI.B.CHIDANANDA & SRI .K.SHY AM SUNDAR, ADVS.)

THIS RPFC IS FI LED UNDER SEC.19(4) OF THE FAM ILY COURT ACT , AGAINST THE JUDGMENT AND ORDER DTD:22.08.2017, IN CRL.MISC. NO.20/2017, ON THE FILE OF THE PRINCI PAL JUDGE, FAMILY COURT , BALLARI, PARTLY ALLOWING THE PETITION FILED UNDER SEC.125 OF CR.P.C.

THIS RPFC COMING ON FOR ADMISSION THIS DAY, THE COURT , DELIVERED THE FOLLOWING:

ORDERS

Learned counsel for petitioner appears in person.

Learned counsel for respondent appears through video

conference.

Learned counsel for petitioner has filed a memo

stating that parties have settled their disputes by

submitting a joint petition for divorce under Section 13(b)

of the Hindu Marriage Act, 1955, which was decreed on

02.09.2021 dissolving their marriage in M.C.no.97/2021

on the file of Principal, Family Court, Ballari.

2. Learned counsel for petitioner has also filed

certified copy of consent divorce petition, in which there

is specific agreement recorded that petitioner herein

would withdraw RPFC No.100142/2017 before this Court.

3. Learned counsel for petitioner has also filed a

memo for release of Rs.14,500/- deposited before this

Court on 17.11.2017 and submits that as per the terms of

joint petition, said amount was agreed to be released to

petitioner.

4. In view of the above submission, petition is

dismissed as withdrawn.

5. Further as per terms of settlement, Registry is

directed to release amount in deposit in favour of

petitioner along with accrued interest, if any.

SD/-

JUDGE

K GK