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2025 DAILYLAW 53662 (KAR)

SHRI. MUTTUNAGARAJ S/O BHIMANNA RAKKASAGI v. SMT. VIJAYALAXMI W/O MUTTUNGARAJ RAKKASAGI

WP/106074/2024 · 2025-09-26

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13526 WP No. 106074 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106074 OF 2024 (GM-FC) BETWEEN: SHRI. MUTTUNAGARAJ S/O BHIMANNA RAKKASAGI, AGE. 32 YEARS, OCC. GOVERNMENT SERVANT, R/O. MAHADEV NAGAR, BASAVAN GALLI, SAMBRA, TQ. AND DIST. BELAGAVI-591124. …PETITIONER (BY SRI. H.M. DHARIGOND, ADVOCATE) AND: SMT. VIJAYALAXMI W/O MUTTUNGARAJ RAKKASAGI, AGE. 30 YEARS, OCC. HOUSEHOLD WORK, R/O. C/O. SHRI. NINGANAGODA PATIL, H.NO.214, SUBHASH NAGAR, 2ND CROSS, BELAGAVI, TQ. AND DIST. BELAGAVI-590016. …RESPONDENT (BY SRI. MALLIKARJUNSWAMY B.HIREMATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER DATED 03.08.2024 PASSED BY LEARNED I ADDL. PRINCIPAL JUDGE, FAMILY COURT, BELAGAVI ON AN APPLICATION IN I.A.NO.II FILED U/SEC 125(2) OF CR.PC IN CRL MISC. NO. 20/2024 AND THEREBY DIRECTED THE PETITIONER TO PAY RS. 10,000/- PER MONTH TO THE RESPONDENT FROM THE DATE OF Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13526 WP No. 106074 of 2024 THIS ORDER TILL FINAL DISPOSAL OF THE PETITION, PRODUCED AT VIDE ANNEXURE-T, BY ALLOWING THIS PETITION TO MEET THE ENDS OF JUSTICE AND EQUITY. B) ANY OTHER WRIT OR DIRECTION DEEMS UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: A) Issue writ in the nature of Certiorari to quash the impugned order dated 03.08.2024 passed by learned I Addl. Principal Judge, Family Court, Belagavi on an application in I.A.No.II filed U/sec 125(2) of Cr.PC in Crl.Misc. No.20/2024 and thereby directed the petitioner to pay Rs.10,000/- per month to the respondent from the date of this order till final disposal of the petition, produced at vide Annexure-T, by allowing this petition to meet the ends of justice and equity. B) Any other writ or direction deems under the facts and circumstances of the case in the interest of justice and equity. 2. The matter was referred to mediation under the aegis of the Mediation centre in the light of the Mediation - 3 - HC-KAR NC: 2025:KHC-D:13526 WP No. 106074 of 2024 “For the Nation” 90 days’ drive. Mr.B.D.Hiremath was appointed as the Mediator in the present case. 3. It is submitted that the Mediator has successfully facilitated a settlement between the parties. Pursuant thereto, a joint memo of settlement has been filed, recording the terms of the compromise, which reads as under: JOINT MEMO “The aforesaid Writ Petition referred to Mediation for resolving the dispute, between the parties. in the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions: The petitioner is sought for quashing of the order dated 03.08.2024 pased by the Ist Addl. Prl. Judge Family Court Belagavi on the Application I.A.No.2 filed under section 125(2) of Cr.P.C. in Crl.Missc No.20/2024 wherein it there is direction to the petitioner to pay Rs.10,000/- as a interim maintenance. Before the mediation as per the advice the parties have agreed to settle the dispute of this writ petition on the following terms and conditions. 1. The Petitioner/Husband has agreed to pay the interim maintainace at the rate of Rs.10,000/- per month before the trial court to the respondent with effect from this date i.e 25.09.2025 till the disposal of the main petition - 4 - HC-KAR NC: 2025:KHC-D:13526 WP No. 106074 of 2024 before the trial court and said amount will be paid to the respondent has agreed to the same. Both the parties have agreed that this interim arrangement is till the disposal of the Criminal Misc No.20/2024 without prejudice to the rival contention. The parties agreed to appear before the Hon'ble Court on_____.” 4. Accepting the joint memo of settlement, the petition is disposed of in accordance with the settlement reached between the parties. 5. This Court records its appreciation for the efforts of the learned Mediator Mr.B.D.Hiremath in amicably resolving the dispute. SD/- (SURAJ GOVINDARAJ) JUDGE gab CT: UMD List No.: 1 Sl No.: 62