SHIVAPPA Vs. SHARANAMMA

JUDGEMENT

(1.) Sri.Prashanth S.Kumman., learned counsel for the petitioner has appeared in person.

(2.) For the sake of convenience, the parties shall be referred to as per their ranking and status before the Trial Court.

(3.) The brief facts are these: The plaintiff and defendant are husband and wife. Their marriage was solemnized in the year 1996 as per Hindu rites and customs. They lived blissfully for sometime. Due to differences in opinion and misunderstandings, plaintiff/ wife was constrained to take shelter under the Court of law. She filed a suit seeking the relief of maintenance against her husband Sri.Shivappa in O.S.No.550/2014 before Addl. Civil Judge and JMFC, Indi. The suit was decreed on 25/1/2015 and it was ordered that defendant shall pay a sum of Rs.2,000.00 (Rupees Two Thousand only) as monthly maintenance to the wife. The suit was decreed ex-parte, hence, the husband filed a Miscellaneous Petition in No.08/2017 under Order 9 Rule 13 of CPC and the same came to be allowed and the ex-parte order in O.S.No.550/2014 was set-aside and the suit was restored. After restoration of the suit, the plaintiff and defendant amicably resolved the dispute and accordingly filed Compromise Petition under Order 23 Rule 3 of CPC on 2/4/2018. Thereafter, the matter was referred to Lok- adalath. The Lok-adalath recorded the Compromise Petition filed under Order 23 Rule 3 of CPC and passed the order thereby allowing the suit. It is this order that is called into question in this Writ Petition as set out in the Memorandum of Writ Petition.