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2023 Supreme(Online)(Kar) 33514

KARNATAKA HIGH COURT
MR RAVI V HOSMANI, J
SRI. NAGARAJA @ RAJU – Appellant
Versus
MRS. LEELAVATHI K.K. @ SHILPA – Respondent


Advocates:
For the Appellants/Petitioners: SRI. SRINIVASA K.N.
For the Respondents: SRI. SHIVA PRASAD C.

Table of Content
1. background of marriage and divorce petition. (Para 2 , 3 , 4)
2. contention regarding maintenance modification. (Para 5 , 8 , 10)
3. discussion on maintenance rights post-divorce. (Para 11 , 12 , 14)
4. judicial reasoning on maintenance modification. (Para 18 , 20)
5. final decision on writ petition. (Para 21)

ORDER

Challenging order dated 04.10.2017 passed by VI Additional Principal Judge, Family Court, Bengaluru in Misc. Petition no.90/2016 filed in M.C.no.4278/2013 at Annexure-H, this writ petition is filed.

2. Sri. Srinivasa K.N., learned counsel for petitioner submitted that marriage of petitioner with respondent no.1 was solemnized on 13.09.2009 at Saraswathi Convention Hall, Magadi Road, Bengaluru. From said marriage, they begot respondent no.2 on 19.12.2009.

3. Thereafter, petitioner and respondent no.1 filed M.C.no.4378/2013 under Section 13B of Hindu Marriage Act, 1955 (for short 'H.M. Act') for divorce by mutual consent. Said petition was referred to 'Bangalore Mediation Centre'. On successful conciliation, settlement was arrived at between parties. Memorandum of settlement was filed on 26.04.2014 (Annexure-B), whereunder petitioner had agreed to pay:

i. Rupe

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