Mr Vinod P Shetty v. Mrs Rashmitha V Shetty

NC:(2026:KHC:21594( RPFC(No.(130(of(2023( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

STDATED(THIS(THE(21 (DAY(OF(APRIL,(2026(

BEFORE(

THE(HON'BLE(DR.(JUSTICE(K.MANMADHA(RAO(

REV.PET(FAMILY(COURT(NO.130(OF(2023((

BETWEEN:(( ( MR.,VINOD,P.,SHETTY, AGED,ABOUT,42,YEARS,, S/O,PRAKASH,SHETTY,,

R/AT,DOOR,NO.2-132,, DHOTA,HOUSE,,CHIKKA,PARARI,, KENJARU,VILLAGE,,VIA,BAJPE,, MANGALURU,TALUK,, DAKSHINA,KANNADA-,574,,142.,

…PETITIONER,

(BY,SRI.,RANJAN,KUMAR,K.,ADVOCATE),

AND:( (

1., MRS.,RASHMITHA,V.,SHETTY, D/O,JAGANNATHA,SHETTY, ,

2., KUMARI,ATHMI,V.,SHETTY, Digita llytisigned D/O,VINOD,P.SHETTY,AND,, by RASHMITHA,V.,SHETTY, VIJAYALAKSHMI AGED,ABOUT,11,YEARS,, B0N MINOR,REPRESENTED,BY,, Location:0HIGH MOTHER,AND,NATURAL,GUARDIAN,,, COURT0OF PETITIONER,NO.1.,KARNATAKA , BOTH,ARE,R/AT,, SHESHAPPA,COMPOUND,, KAVOOR,POST,, PADAVINANGADY,,, MANGALURU,TALUK,, DAKSHINA,KANNADA-,575,015., …RESPONDENTS, (BY,SRI.,AJAY,PRABHU,M.,ADVOCATE,, ,,,,,,,R2,MINOR,REPRESENTED,BY,R1),

THIS RPFC IS FILED U/S.19(4) OF THE FAMILY COURT ACT AGAINST THE ORDER DATED 04.01.2023 PASSED IN CRL.MISC.NO.37/2020 ON THE FILE OF THE IST ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT D.K., MANGALURU PARTLY ALLOWING THE PETITION FILED U/S.125 OF Cr.P.C. FOR MAINTENANCE.

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

CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO

ORAL ORDER

The present petition is filed by petitioner/husband seeking to set aside the impugned order dated 04.01.2023 in Crl.Misc.No.37/2020 on the file of the I Additional Principal Judge, Family Court, D.K., Mangaluru ('the Family Court', for short).

¶2Learned counsel for the petitioner has filed a memo along with Joint Memo dated 11.03.2024.

¶3The same is taken on record.

¶4The Joint Memo dated 11.03.2024 reads as under:-

JOINT MEMO FILED BY THE PETITIONERS AND THE RESPOMDENT IN THE ABOVE CASE

The Petitioners and the Respondent jointly submits as follows

¶1The Petitioners and the Respondent have amicably settled their intersay dispute in the above case at the intervention of the relatives and well-wishers.

¶2The Respondent has paid a sum of Rs. 10,00,000/- (Rupees Ten Lakhs Only) to the Petitioner No.1 Smt Rashmitha V. Shetty towards permanent maintenance/ Alimony as per D.D. Bearing No. 374422 Dated 07-03-2024 Drawn on Canara Bank, Kavoor Branch, Mangalore

¶3The Respondent has paid a sum of Rs. 10,00,000/- (Rupees Ton Lakhs Only) to the Petitioner No.2 Kum. Athmi V.Shetty by way of Fixed Deposit Receipt Bearing No.570579 Dated 11-03-2024 Drawn on Union Bank of India Branch, Mangaluru, The said Fixed Deposit shall remain in force till the minor Petitioner No.2 attains the age of majority. However, the Petitioner No.1 who is the nominee in the F.D Receipt is entitled to withdraw the periodical interest accrued on the F.D amount and utilize the same towards the day today expenses and school fee of the Petitioner No. 2.

¶4That in view of the above payment made by the respondent to the petitioners, the petitioners shall not claim monthly maintenance ordered by this Honorable Court in Crl.M.C.No. 37/2020 dated 4-01-2023.

¶5The respondent shall withdraw R.D.F.C.No.130/2023 pending before the Honorable High Court of Karnataka and confirm the divorce granted in M.C. No. 127/2017 dated 24-07-2017.

¶6The settled quantum of amount paid to the petitioners shall be permanent and lifetime settlement The Petitioner No.1 undertaken and assure that no claim of whatsoever shall be claimed by Petitioners in future against the respondent for any purpose. That all the needs of minor child/Petitioner No.2 Athmi V. Shetty present as well as

the future shall be looked after by the Petitioner No.1 and shall indemnify the Respondent against any claim if made by the minor child in future.

¶7The petitioners and the respondents shall not have any claim against each other in present or in future. Further, the custody of the minor Petitioner No. 2 Athmi V.Shetty shall remain and continue with mother/petitioner No.1 herein.

¶8The settlement is arrived at between the parties out of free will and consent after detailed discussion of the well-wishers and the same is agreed upon between the parties without any compulsion coercion or threat Further, the petitioners and the respondent shall not interfere against each others life in future.

Hence it is humbly prayed that, in view of the above settlement, the above case may be dismissed as settled in interest of justice,

¶5In terms of the Joint Memo, the petition is disposed of.

SD/- (DR.K.MANMADHA RAO) JUDGE

MH/- List No.: 1 Sl No.: 22