SRI.AGALURAPPA S/O AMRAPPA KURI v. GANGAMMA @ PHAKKIRAMMA W/O AGALURAPPA
WP/107331/2019 · 2025-01-30
Hemant Chandangoudar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3048 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3048 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:1869 WP No. 107331 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 107331 OF 2019 (GM-RES)
BETWEEN:
SRI. AGALURAPPA S/O. AMRAPPA KURI AGE ABOUT: 40 YEARS, OCC: AGRICULTURE, R/O: HANAVAL VILLAGE, TQ: GANGAVATHI, DIST: KOPPAL. …PETITIONER (BY SRI. K.ANANDKUMAR, ADVOCATE)
AND:
GANGAMMA @ PHAKKIRAMMA W/O. AGALURAPPA AGE: 40 YEARS, OCC: AGRICULTURE AND HOUSEHOLD, R/O: HANAWAL, TQ: GANGAVATHI, DIST: KOPPAL. …RESPONDENT (BY SRI. M.AMAREGOUDA, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 266 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE IMPUGNED COMPROMISE DECREE BY THE COURT OF THE PRL.
CIVIL JUDGE J.M.F.C. AT GANGAVATHI BEFORE LOK ADALATH IN CRL. MISC. NO.42/1998 DATED 29.03.2003 AS AT ANNEXURE-C, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.05 12:54:42 +0530
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NC: 2025:KHC-D:1869 WP No. 107331 of 2019
ORAL ORDER
In the proceedings initiated under Section 125 of Cr.P.C., the petitioner and the respondent entered into a compromise. As per the compromise, the respondent agreed to return to the matrimonial home and lead a cordial marital life, subject to certain terms and conditions. The compromise petition also provides that in the event either party breaches the terms and conditions of the settlement, they may approach the Court for appropriate relief.
2. The respondent has allegedly breached the terms and conditions of the compromise and has filed a claim petition for maintenance. Whether the respondent has breached the terms and conditions of the compromise is a matter that needs to be addressed in the proceedings initiated by the respondent. Therefore, I find no grounds to set aside the conditions of the compromise.
3. Liberty is reserved for the parties to approach the Court in the event of any breach of the terms of the settlement.
Accordingly, the petition stands dismissed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
HR Ct:vh List No.: 1 Sl No.: 27