Prajna Ammembala vs. Koteshwar S. Muralidhar

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).6231/2012 (Arising out of impugned final judgment and order dated 14/03/2012 in CRLP No.4422/2009 passed by the High Court Of Karnataka At Bangalore) KOTESWAR S MURALIDHAR Petitioner(s) VERSUS STATE OF KARNATAKA & ANR Respondent(s) (With appln.(s) for dispensing with service of notice, exemption from filing O.T. and stay and office report) WITH SLP(Crl.)No.7539/2012 (With appln.(s) for exemption from filing O.T. and Office Report) Date : 17/10/2014 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIL R. DAVE HON'BLE MR. JUSTICE KURIAN JOSEPH For Petitioner(s) Mr. Basava Prabhu S. Patil,Sr.Adv. Mr. B. Subrahmanya Prasad,Adv. Mr. Anirudh Sanganeria,Adv. Mr. Chinmoy Deshpande,Adv. Mr. Amjid Maqbool,Adv. For Respondent(s) Mr. Anupam Lal Das,Adv. Mr. Abhishek Kumar,Adv. Mr. Anirudh Singh,Adv. Ms. Anitha Shenoy,Adv. UPON hearing the counsel the Court made the following O R D E R There are two Special Leave Petitions, one by the wife and another by the husband. Signature Not Verified Today, the wife - Smt. Prajna Ammembala and the Digitally signed by Sarita Purohit Date: 2014.10.28 15:40:28 IST Reason: husband - Dr. Koteshwar Muralidhar, along with their son Sankalp, are present in the Court. It has been submitted by the learned counsel appearing for the parties that the parties to the litigation have settled their dispute in the following terms : 1. Both the parties shall not pursue the criminal

proceedings initiated against each other.

2. The parties shall do the needful to see that the

pending divorce proceedings are converted into the divorce by consent, as soon as possible and preferably within a week from today.

3. Custody of Master Sankalp shall be with the mother, however, the father will have a right to visit him twice a year as might be mutually decided.

4. At the time of his visit, the father shall be permitted to have the company of his son either at the residence of Smt. Prajna Ammembala or at any place, suitable to her. If Smt. Prajna Ammembala and Dr. Koteshwar Muralidhar have any problem regarding the visiting rights, it would be open to them to approach this Court by way of an appropriate application.

Mr. Subramaniam Prasad, learned counsel, appearing for Respondent No.5, Mr. Gururaj Hathwar, has assured this Court that O.S.No.152 of 2013 pending before the Sessions Judge, Bellary, pertaining to defamation, shall be withdrawn within a fortnight from today.

It is clarified that though the custody of Master Sankalp shall be with the mother. Dr. Koteshwar Muralidhar shall send necessary amount towards education of the child to Smt. Prajna Ammembala, so that both may have the joint parenting of their son.

5. The parties to the litigation have also agreed that there shall not be any monetary claim of any type against each other or by other parties or by any other relatives.

In view of the above settlement among the parties, a separate agreement regarding the above shall be placed on record.

The Special Leave Petitions are disposed of accordingly.

(Sarita Purohit) (Sneh Bala Mehra) Court Master Assistant Registrar