Karnataka High Court
Rajashekhar Desai vs Vijaylaxmi on 25 September, 2025
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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RPFC No. 200041 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
REV.PET FAMILY COURT NO. 200041 OF 2025
BETWEEN:
RAJASHEKHAR DESAI
S/O NEELKANTH G.DESAI,
AGE; 43 YEARS,
OCC: PVT. SERVICE,
R/O: ASTER 301,
ESTEEM GARDENIA APARTMENTS,
E-BLOCK, BANGALORE NORTH,
SAHAKARANAGAR, BENGALURU - 560 092.
CORRECT ADDRESS: A-502,
Digitally signed PARANJAPE WIND FIELDS,
by RENUKA
YEMALUR MAIN ROAD, NEAR SOMESHWAR TEMPLE,
Location: HIGH
COURT OF KEMPAPURA BELLANDUR BENGALURU - 560 037.
KARNATAKA
...PETITIONER
(BY SRI D.P.AMBEKAR, ADVOCATE)
AND:
1. SMT. VIJAYLAXMI
W/O RAJASHEKHAR DESAI,
AGE: 38 YEARS,
OCC: ADVOCATE,
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RPFC No. 200041 of 2025
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2. SIDDANATH
S/O RAJASHEKHAR DESAI,
AGE: MINOR, (SPECIAL CHILD),
OCC: NIL, UNDER THE GUARDIANSHIP
OF HIS NATURAL MOTHER
RESPONDENT NO.1,
BOTH ARE R/O: PLOT NO.31, SIDDARAMA KRUPA,
SADASHIVANAGAR OPP: P AND T QUARTERS,
OLD JEWARGI ROAD, KALABURAGI - 585 102.
...RESPONDENTS
(BY SRI SACHIN M. MAHAJAN, ADVOCATE FOR R1;
R2 IS MINOR REPRESENTED BY R1)
THIS RPFC IS FILED UNDER SECTION 19 (4) OF THE
FAMILY COURTS ACT, PRAYING TO ALLOW THIS REVISION AND
SET ASIDE THE JUDGMENT AND ORDER DATED 02.07.2024
PASSED BY THE ADDL. PRL. JUDGE FAMILY COURT,
KALABURAGI PARTLY ALLOWING CRL. MISC NO.266/2023, ON
THE FILE OF THE ADDL. PRL. JUDGE, FAMILY COURT,
KALABURAGI AND FURTHER DISMISS THE SAID CRL.
MISC.NO.266/2023 ON FILE OF THE ADDL. PRL. JUDGE,
FAMILY COURT, KALABURAGI, IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS RPFC, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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RPFC No. 200041 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR
AMARANNAVAR
ORAL ORDER
This revision petition is filed by the revision petitioner
/ husband praying to set-aside the order dated 02.07.2024
in Crl.Misc.No.266/2023, passed by the Addl. Prl. Judge,
Family Court, Kalaburagi.
02. Under impugned order respondents No.1 and 2
have been granted maintenance of Rs.35,000/- per month
each and respondent No.2 is entitled to claim expenses at
Rs.2,42,470/- from the revision petitioner.
03. The revision petitioner and his counsel are
present. The learned counsel for respondents No.1 and 2
and respondent No.1 are present.
04. Respondent No.2 is a minor child. The
compromise petition under Order 23 Rule 3 of CPC is filed.
The terms of the compromise are as under:-
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"COMPROMISE PETITION U/o 23 Rule 3 OF CPC
Herein, the parties jointly submit as under:
1. That the parties have amicably settled the
matter pending between them on the advice of
elders and their well wishers and have agreed to
compromise in the following terms:
A. That the parties accept the decree of divorce
passed by the Family Court, Kalaburagi, in M.C.
No.163/2023 on modified grounds of mutual
consent of both the parties. The petitioner
husband and the respondent wife withdraw all
allegations they have made in their pleadings
and evidence against one another. However, the
part of the said decree relating to the
permanent alimony and the maintenance to the
child be modified as follows:
B. That the petitioner/husband shall pay
Rs.50,00,000/- (Rupees Fifty lakhs only) as
permanent alimony to the Respondent Wife and
Rs.75,00,000/- (Rupees Seventy five lakhs only)
as onetime permanent maintenance to the
Respondent No.2 Child. The same is paid vide
DD No: 011209 dated 23.09.2025 drawn on
HDFC Bank, Kalaburagi-585105, favouring the
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wife Smt. Vijaylaxmi Basavaraj. The Wife-
Respondent No.1 shall keep the entire amount
of Rs.1,25,00,000/- (One Crore twenty five
lakhs only) as Fixed Deposit jointly in her name
as well as in the name of minor respondent no.2
as the banks are giving higher interest rate for
such deposits made in joint accounts. The above
terms are accepted by both the parties.
C. The said amounts are in lieu of all past,
present and future maintenance, alimony or any
other claim by whatever name whatsoever
under whatever law, by the Respondents
including the maintenance amount awarded to
the Respondent No.2 herein in
M.C.No.163/2023.
D. The Respondents undertake that they shall
not claim any amount under any head or claim
from the Petitioner husband in future.
E. The parties agree to withdraw the cases filed
by them against each other as noted in the
schedule annexed to this compromise. In case
any party fails to withdraw their case, the other
party has a right to produce the copy of this
order and get the said matter dismissed. The
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parties or their parents or brother or any other
persons who are parties to the criminal cases
and proceedings are also at liberty to produce
this compromise before the Hon'ble High Court
where they have challenged the proceedings
mentioned in the schedule below before the trial
court and seek quashing of the same.
SCHEDULE
SL. CASE NO. COURT FILED BY
NO.
1 CC VII ACMM, RESPONDENT
NO.1526/2021 At NO.1
Bengaluru.
2 Crl. Prl. JMFC, Respondent
3 MFA High Court Respondent
No.200869/2024 of No.1
Karnataka,
Kalaburagi
Bench.
4 Crl.Misc. Addl. Respondents
No.485/2024 Family No.1 and 2.
Court,
Kalaburagi.
JMFC,
Kalaburagi.
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F. The Respondent No.1 undertakes to take
down all the social media posts made by her and
her friends and relatives against the petitioner
and his family members within 3 days from the
date of this order.
G. The above terms of the compromise are
drafted with the full participation and instructions
of the respective parties and they have
subscribed their signature freely, without any
coercion, fully understanding the contents and
fully knowing the consequences of the same.
Wherefore, the parties respectfully submit that
the impugned order be set aside and a fresh
order be passed in terms of the above
compromise in the ends of justice.
05. The revision petitioner and respondent No.1
accept the terms of the compromise and they submit that
there is no any force or coercion on them to enter into
compromise. The said compromise petition has been
signed by petitioner, his learned counsel and respondent
No.1 for herself and on behalf of minor respondent No.2
and learned counsel for respondents.
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06. Learned counsel for the respondents files a
certificate under Order 32 Rule 7 (1) (A) of CPC, certifying
that the arrangement arrived between the parties is in the
best interest of minor in the given facts and circumstances
of the case.
07. In terms of compromise, the revision petitioner
is already handed-over a D.D. for Rs.1,25,00,000/- to
respondent No.1 in MFA.No.200869/2024 this day wherein
the compromise has been recorded. Respondent No.1
admits that she has received a D.D. for Rs.1,25,00,000/-
drawn in her name from revision petitioner.
The revision petition is disposed of in terms of
compromise petition.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KJJ
CT:VK
