THE HIGH COURT OF KARNATAKA
DR.K.MANMADHA RAO
SRI RAVI – Appellant
Versus
SMT KALAVATHI – Respondent
RPFC 21/2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO REV.PET FAMILY COURT NO.21 OF 2024 BETWEEN:
SRI. RAVI S/O SHIVANNA, AGED ABOUT 52 YEARS, EMPLOYEE NO:4651 PRODUCTION DEPARTMENT VIKRANT TYRES LTD., METAGALLI, INDUSTRIAL AREA, MYSURU.
AND ALSO R/AT HOSA BEEDI, Digitally signed IN FRONT OF MUDDEGOWDA'S SHOP, by KUMBARA KOPPAL, VIJAYALAKSHMI MYSURU -570 001.
B N …PETITIONER Loca tion: HIGH COURT OF (BY SRI. K.L. SREENIVAS.,ADVOCATE)
KARNATAKA AND:
SMT. KALAVATHI W/O RAVI AGED ABOUT 45 YEAS, R/AT NO.1927, 7TH CROSS, TENT ROAD, JANATHANAGAR, MYSURU -570 001.
…RESPONDENT (BY SRI. RUPESH KUMAR S.,ADVOCATE)
THIS RPFC IS FILED UNDER SECTION 19(4) OF FAMILY COURT ACT, AGAINST THE ORDER DATED 05.10.2023 PASSED IN CRL.MISC.NO.251/2023 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, MYSURU, PARTLY ALLOWING THE PETITION FILED UNDER SECTION 127 OF Cr.P.C.
THIS REVISION PETITION FAMILY COURT HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 25.03.2026 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO
CAV ORDER
This RPFC is filed under Section 19(4) of the Family Courts Act, 1984, by the petitioner/wife against the Judgment dated 30.01.2018 passed by the Court of the II Additional Principal Judge, Family Court, Bengaluru, in C.Misc.No.204/2026, dismissing the petition praying for grant of maintenance.
2. Petitioner before this Court is the husband, who was respondent before the Family and respondent before this Court is the wife, who was Petitioner No.1 before the Family Court.
Brief facts of the case are as under:
3. That the marriage of petitioner and respondent was solemnized during 1993 at Dharmasthala temple and they have one daughter by name Nethravathi out of the wedlock. Due to differences between them, the respondent and her daughter filed a Cr.Misc.No.255/1995 which was allowed by granting maintenance of Rs.300/- p.m., to daughter and Rs.500/- p.m., to respondent. Thereafter, Crl.Misc.No.289/2002 under Section 127 of Cr.P.C., was filed by respondent and daughter for enhancement of maintenance. The same was allowed and enhanced to Rs.1,000/- p.m., to each of them. Later, respondent and her daughter filed Crl.Misc.No.389/2009 under Section 127 of Cr.P.C., for enhancement of maintenance. The same was allowed by order dted 17.04.2012 granting maintenance of Rs.3,000/- p.m., to wife and Rs.2,000/- p.m., to daughter.
4. Thereafter, the respondent and her daughter got filed a petition under Section 125 of Cr.P.C., seeking for recovery of the arrears of maintenance from the petitioner, which came to be registered as Crl.Misc.No.273/2018. However, the petitioner and the respondent with a view to put an end to the dispute between themselves, have arrived a settlement at the advice of the elders, and in furtherance of the same, and filed a joint memo dated 12.03.2019 wherein the respondent and daughter agreed to receive Rs.9,50,000/- as permanent alimony from the petitioner as full and final claim, and a sum of Rs.4,00,000/- was paid to the respondent therein by the petitioner, and the balance amount of Rs.5,50,000/- is agreed to be paid by the petitioner to the respondent at the time of hearing of the petition to be filed under Section 13B of the Hindu Marriage Act. Thereafter the petitioner and the respondent got filed a petition in M C No 276/2018 before the Family Court, Mysuru, under Section 13B of the Hindu Marriage Act, on 13-03-2019 seeking to dissolve their marriage by a decree of divorce on mutual consent. However, after receipt of the amount of Rs,4,00,000/- hereafter, respondent and the daughter filed petition in C.Misc.No.251/2023 under Section 127 of Cr.P.C., for enhancement of the maintenance, which was contested by the petitioner by filing the objections contending that as the respondent had already settled the dispute by agreeing to receive permanent alimony the petition is not maintainable. Thus t
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