Karnataka High Court
Sri L R Chidananda Naik vs Smt N Rajeshwari on 2 July, 2024
Author: V Srishananda
Bench: V Srishananda
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NC: 2024:KHC:25072
CRL.RP No. 242 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL REVISION PETITION NO.242 OF 2016
BETWEEN:
SRI L R CHIDANANDA NAIK
S/O N.B. RAMASWAMY
AGED ABOUT 38 YEARS,
R/AT D. ANTHAPURA VILALGE,
SANDUR TALUK,
BELLARI DISTRICT.
...PETITIONER
(BY SRI BASAVARAJU P, ADVOCATE)
AND:
SMT N RAJESHWARI
W/O L.R. CHIDANANDANAIK,
AGED ABOUT 27 YEARS,
R/AT KAMALA NILAYA,
SRIRAMA BADAVANE,
NEAR COATON MILL,
Digitally DAVANAGERE.
signed by ...RESPONDENT
MALATESH (BY SRI B M HALASWAMY, ADVOCATE)
KC
Location: THIS CRL.RP IS FILED UNDER SECTION 397 R/W 401
HIGH CR.P.C PRAYING TO SET-ASIDE THE ORDERS DATED
COURT OF
KARNATAKA 09.01.2015 ON I.A.NO.1 AND 2 IN CRL.MISC.NO.49/2014
PASSED BY THE J.M.F.C IIIRD COURT, DAVANAGERE,
DIRECTING THE PETITIONER TO PAY RS.2,000/- TOWARDS
MAINTENANCE AND RS.3,000/- TOWARDS RENTAL
ALLOWANCE AND TOTALLY RS.5,000/- PM DURING THE
PENDENCY OF PETITION, AND THE JUDGMENT DATED
09.12.2015 IN CRL.A.NO.58/2015 PASSED BY THE II ADDL.
DIST. AND S.J. AT DAVANAGERE.
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NC: 2024:KHC:25072
CRL.RP No. 242 of 2016
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
At request of learned counsel for the revision petitioner,
matter is listed to today in view of the urgency pleaded.
In pursuance of the Court order dated 21.06.2024, Sri
Mahesh Gowda B., Police Circle Inspector, Sandur Circle,
Ballari, Sri Ramanjineya, Police Constable and Sri Mahesh
Banakar, Police Constable, Toranagal Police Station, Ballari
District have produced the revision petitioner by executing the
Non Bailable Warrant.
Revision petition files memo with documents, where
under certified copies of the order sheet is perused which would
go to show that sum of Rs.4,00,000/- has been paid by way of
demand draft, by the revision petitioner herein to the
respondent herein (petitioner No.2, in MAT No.175/2019). On
18.12.2019 the learned Judge, Family Court has passed the
following order:
"The petition filed by the petitioners under
Section 13 (B) of Hindu Marriage Act, 1955, is
hereby allowed.
NC: 2024:KHC:25072
The marriage took place between petitioner No.1
and 2 which was solemnized on 22.05.2013 in Sri
Virupaksha Swamy Temple, Hampi, Hosapete Taluk,
Ballari District is hereby dissolved by way of decree
of divorce on mutual consent.
Hence, forthwith petitioners No.1 and 2 are no
more husband and wife and they have no claim over
another in future including any mmaintenance.
Draw decree accordingly."
Based on that the counsel for the revision petitioner files
a memo seeking to withdraw the revision petition.
In view of the withdrawal of the revision petition,
presence of the revision petition is unnecessary.
Accordingly, the revision petitioner is set at free by
recalling the order of issue of Non Bailable Warrant already
issued and also pre-poning the case from 11.07.2024 to today.
However, if the statement made by the revision petitioner
is incorrect, respondent is at liberty to revive the petition by
filing necessary application.
Sd/-
JUDGE
