M.MUNIKRISHNA Vs. S.SHANTHAKUMARI

JUDGEMENT

(1.) This Writ Petition is filed seeking the following reliefs:

(2.) Brief facts of the case are as follows: It is the case of the Petitioner that the marriage of the Petitioner and the Respondent was solemnized on 10/2/1995 at Bengaluru as per Hindu customs, rites and usage. The parties initially lived in a rented house at Thanisandra, Bengaluru and out of their wedlock they had 2 children namely, a son Master M.Harshith Kumar (born on 1/11/1996) and a daughter Kum.Sushmitha (born on 11/2/1999). In the year 2005, they shifted from the rented house to the house of the parents of the Petitioner situated at K.G.Halli, Bengaluru. Subsequently, the Respondent started business of Fancy Store and Saree business in their own shop. As her business improved, she neglected to look after the Petitioner and his aged parents. As a result of which, the disputes arose between the parties culminating in the Petitioner and his parents being thrown out of their own house in January 2009. Now the Petitioner and his parents are residing in a rented house.

(3.) The Respondent filed a Petition under Sec. 12 of the Protection of Women from Domestic Violence Act , 2005 (hereinafter referred to as the ' DV Act ' for short) in C.Misc.No.32/2010 before the Trial Court seeking for various reliefs. The Trial Court passed an order dtd. 12/5/2010 granting interim maintenance of Rs.4,000.00 per month payable by the Petitioner to the Respondent and her children. Subsequently, the matter being referred for mediation, a Memorandum of Settlement dtd. 17/5/2011, was signed by both the parties and their counsel.