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2025 DAILYLAW 87834 (KAR)

MR UPENDRA KUMAR NAIK v. MS ASHWINI NAIK

RPFC/148/2022 · 2025-11-17

Umesh M Adiga

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:47012 RPFC No. 148 of 2022 C/W RPFC No. 154 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA REV.PET FAMILY COURT NO. 148 OF 2022 C/W REV.PET FAMILY COURT NO. 154 OF 2022 IN RPFC No. 148/2022 BETWEEN: MR UPENDRA KUMAR NAIK, S/O LATE SHANKAR NAIK, AGED ABOUT 43 YEARS, WORKING AS TERRITORIAL MANAGER IN STAR HEALTH AND ALLIED INSURANCE CO. LTD., R/AT NO.24, BHEEMABHARANI LAYOUT, MARATIKYATHANAHALLI VILLAGE, JAIPURA HOBLI, MYSORE TALUK, MYSORE DISTRICT - 570009. …PETITIONER (BY SRI KASHINATH J D.,ADVOCATE) AND: MS ASHWINI NAIK, W/O UPENDRA KUMAR NAIK, D/O BHOJYA NAIK, AGE ABOUT 37 YEARS, R/AT ARAMANENILAYA, 13TH CROSS, 2ND STAGE, 60 FEET ROAD,VINOBA NAGAR, SHIVAMOGGA - 577201. …RESPONDENT (BY SRI. SANDESH P NADIGER.,ADVOCATE) Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47012 RPFC No. 148 of 2022 C/W RPFC No. 154 of 2022 THIS RPFC IS FILED U/S.19(4) OF THE FAMILY COURTS ACT., AGAINST THE JUDGMENT AND DECREE DATED 30.05.2022 PASSED IN Crl.MISC.NO.131/2020 ON THE FILE OF THE PRL. JUDGE, FAMILY COURT, SHIVAMOGGA. ALLOWING THE PETITION FILED U/S.125 OF Cr.P.C FOR MAINTENANCE. IN RPFC NO. 154/2022 BETWEEN: SMT ASHWINI NAIK, W/O UPENDRA KUMAR NAIK, AND D/O BHOJYA NAIK, AGED ABOUT 36 YEARS, HOUSEWIFE, R/O ARMANE NILAYA, 13TH CROSS, 2ND STAGE, 60 FEET ROAD, VINOBANAGARA, SHIVAMOGA-577201. ...PETITIONER (BY SRI SANDESH P NADIGER., AND SMT SOWKHYA PATIL, ADVOCATES) AND: SHRI UPENDRA KUMAR NAIK, S/O LATE SHANKAR NAIK, AGED ABOUT 42 YEARS, TERRITORIAL MANAGER IN STAR HEALTH AND ALLIED INSURANCE CO. LTD., R/O 24, BHEEMABHARANI LAYOUT, MARATI KYATHANAHALLI VILLAGE, JAIPURA HOBLI, TAL AND DIST MYSORE-570026. ...RESPONDENT (BY SRI J D KASHINATH, ADVOCATE) THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT AGAINST THE ORDER DATED 30.05.2022 PASSED IN CRL.MISC.No.131/2020 ON THE FILE OF THE PRINCIPAL JUDGE, FAMILY COURT, SHIVAMOGGA, ALLOWING - 3 - HC-KAR NC: 2025:KHC:47012 RPFC No. 148 of 2022 C/W RPFC No. 154 of 2022 THE PETITION FILED UNDER SECTION 125 OF Cr.P.C FOR MAINTENANCE. THESE PETITIONS, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE UMESH M ADIGA ORAL ORDER 1. Advocates for petitioner in RPFC 148/2022 and RPFC 154/2022 have filed separate memos dated 17.11.2025 which read as below: "MEMO FOR WITHDRAWAL FILED IN RPFC No.148/2022 The counsel for the petitioner submits that, the petitioner and respondent are settled the matter/their disputes before the trial court & agreed to withdraw all pending cases. In view of the Compromise, the petitioner handed over the D.D.bearing No.029094 dated 14/11/2025 for Rs.15,00,000 [Rupees fifteen lakhs only] to the Respondent. Hence, petitioner is withdrawing the above petition. Kindly accept the same to meet the interest of justice." "MEMO FILED IN RPFC No.154/2022 The counsel for the Petitioner humbly submits that the parties to the Petition have amicably settled the - 4 - HC-KAR NC: 2025:KHC:47012 RPFC No. 148 of 2022 C/W RPFC No. 154 of 2022 dispute between them. In compliance with terms of the settlement, the Respondent has handed over and the Petitioner has received Demand Draft bearing No.029094 for a sum of Rs.15,00,000 [Rupees Fifteen Lakhs Only] drawn in favour of Petitioner at IDBI Bank, Saraswathipuram, V.M.Double Road, Kuvempunagar, Mysuru-570009." Hence, the Petitioner does not wish to prosecute the top noted petition and as such, this Hon'ble Court may be pleased to dismiss the above Petition as withdrawn." 2. The said memos are taken on record. 3. In view of the same, RPFC 148/2022 and RPFC 154/2022 are dismissed as withdrawn. SD/- (UMESH M ADIGA) JUDGE tsn* List No.: 2 Sl No.: 24