Chandrashekar C S vs Smt Nagarathna S
2024 Latest Caselaw 24913 Kant

Citation : 2024 Latest Caselaw 24913 Kant
Judgement Date : 16 October, 2024

Karnataka High Court

Chandrashekar C S vs Smt Nagarathna S on 16 October, 2024

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                                                     NC: 2024:KHC:41897
                                                  RPFC No. 20 of 2019




              IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                   DATED THIS THE 16TH DAY OF OCTOBER, 2024

                                     BEFORE

                    THE HON'BLE MR JUSTICE ASHOK S.KINAGI

                     REV.PET FAMILY COURT NO. 20 OF 2019

              BETWEEN:

              CHANDRASHEKAR C S
              AGED ABOUT 51 YEARS (DOB 08-07-1967)
              S/O SOMASHEKAR C.R.
              HUSBAND OF SMT.NAGARATHNA S
              PRESENTLY R/AT 203, 83RD CORSS,
              2ND STAGE, KUMARASWAMY LAYOUT,
              BENGALURU-560 111,
              MOBILE PHONE NO. 98450 83292
                                                          ...PETITIONER

              (BY SRI. RAGHAVENDRA R DESAI & K.T. BHAT, ADVOCATES)

              AND:
Digitally
signed by R
              1.   SMT NAGARATHNA S
DEEPA
                   AGED ABOUT 49 YEARS (DOB 12-06-1969)
Location:          W/O SRI. CHANDRASHEKAR C.S.
HIGH COURT
OF            2.   KUMARI VIDYASHRI.C
KARNATAKA          AGED ABOUT 19 YEARS (DOB 03-09-1999)
                   D/O SRI CHANDRASHEKAR C.S.

                  BOTH ARE R/AT 1299, 3RD CROSS, 2ND MAIN,
                  KRISHNAMURTHYPURAM,
                  MYSURU-570 004
                  MOBILE PHONE NOS.
                  98802 42492 / 84535 16734
                                                        ...RESPONDENTS
              (BY SRI. DHANANJAY B.C., ADVOCATE)
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                                            NC: 2024:KHC:41897
                                          RPFC No. 20 of 2019




     THIS RPFC IS FILED UNDER SEC.19[4] AND S-9 OF
FAMILY COURTS ACT, 1984 R/W.SEC.125 OF CR.PC. 1973
AGAINST THE ORDER DATED 10.10.2018 PASSED IN
C.MISC.NO.363/2017 ON THE FILE OF THE II ADDL.PRL.JUDGE,
FAMILY COURT MYSURU      ALLOWING THE PETITION FILED
UNDER SEC.125 OF CR.PC. FOR MAINTENANCE.

    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:


CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

                        ORAL ORDER

Learned counsel for the petitioner has filed a memo

seeking leave of the Court to withdraw the petition.

2. The memo reads as under:

"The petitioner prays most respectfully that your Lordship be pleased to grant him leave to withdraw the above RPFC.No.20/2019, inter-alia, for the reasons mentioned here-under:

1. The connected Crl.Misc.No.98/2018 filed on 10.05.2018 by the then respondent wife, has since been rejected on 18.04.2024 by the Hon'ble VIII Addl. C.J. & JMFC, Mysuru, vide:

Certified Copy of the said order passed on

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18.04.2024, is submitted here-with for the kind perusal of your Lordship.

2. Consequently, the impugned interim order passed on 10-10-2018, in the said Crl.Misc.No.98/2018, which was under challenge before this Hon'ble High Court since 28-01-2019, has been rendered as infructuous.

3. Further, a connected M.C.No.830/2021 filed by the then Petitioner Husband on 29-10-2021 and registered on 08-11-2021, for grant of Decree of Divorce under Section 13(1) (i-b) of the Hindu Marriage Act, 1955, has been allowed on 11-07-2022 by the Hon'ble II Ad Prl. Judge, Family Court, Mysuru. A Certified Copy of the said Judgment and Decree passed on 11-07-

2022 is also submitted here-with for the kind ready perusal of your Lordship. The said Judgment/Decree has not been challenged by the Respondent Wife thus far, to the best of the knowledge, information and belief of the Petitioner Husband, which in effect, has reached finality.

4. The Respondent, Smt. Nagarathna, has not appeared before this Hon'ble Court, with regard

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to the captioned R.P.F.C.No.20/2019, despite the fact that due notice was served on her.

5. In view of the closure of both the said connected cases referred to above, the Petitioner in the present R.P.F.C. No.20/2019 prays most respectively that your Lordship be pleased to grant him leave to withdraw the said R.P.F.C. No.20/2019 and also direct the Hon'ble Registry:

(a) To hand over to the Petitioner the unencahsed Bankers Cheque No.999360 dated 29-03-2019 for Rs.48,750/-, deposited by the Petitioner on 29-10-2019, to enable him to get it revalidated / then cancelled for refund of the said amount of Rs.48,750/- to the Petitioner, by the Issuing Bank, State Bank of India, Kumaraswamy Layout Branch, Bengaluru,