COL SUBODH M R Vs. M S PREETH

JUDGEMENT

(1.) The petitioner-husband has filed the present Writ Petition against the order on IA No.5 dated 8.9.2014 passed in MC No.2595/2007 dismissing the application filed by the petitioner-husband against the alleged respondent - divorcee/divorced wife.

(2.) The respondent-wife filed MC No.2595/2007 under the provision of Sec. 13(1)(i)(a) of Hindu Marriage Act, 1955 [hereinafter referred to as 'Act' for short] seeking divorce urging various contentions. The same was opposed by the petitioner-husband by filing objections.

(3.) During the pendency of the said Matrimonial Case, both the parties have filed Memorandum of Settlement u/s.89 of Civil Procedure Code read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007, before the Family Court. On 15.9.2008, in terms of the Memorandum of Settlement between the parties, Matrimonial case came to be decreed. Thereafter, the wife (respondent herein) filed C.Mis.No.203/2011 u/s.127 of the Crimial P.C. claiming for enhancement of maintenance from Rs.10,000.00 to Rs.50,000.00 per month and litigation expenses of Rs.15,000.00 from her husband (petitioner herein). The said C.Misc. Petition was opposed by filing objections. The trial Court in view of the application IA No.IV filed by the present petitioner came to be rejected as not maintainable, the application IA No.IV came to be allowed and C.Misc. 203/2011 filed by the wife-respondent u/s.127 of Crimial P.C. claiming enhancement of maintenance came to be dismissed. According to the petitioner, the said order has reached finality.