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Ganeshkumar : Revision vs Abirami @ Priya on 31 July, 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 31.07.2019

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI

Crl.R.C(MD)No.105 of 2017

Ganeshkumar : Revision Petitioner/
Respondent

Vs.

Abirami @ Priya : Respondent/Petitioner

Prayer: Criminal Revision has been filed under Section
397 of Criminal Procedure Code, against the judgment, dated
16.12.2016 in MC No.8 of 2015 on the file of the Family Court,
Sivagangai.

For Revision Petitioner : Mr.S.Gokul Raj

For Respondent : Mr.S.Saravanakumar

JUDGMENT

This criminal revision is directed against the judgment,

dated 16.12.2016 in MC No.8 of 2015 on the file of the Family

Court, Sivagangai.

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2.The brief facts of the case is the marriage between the

petitioner and the respondent solemnized on 15.09.2013 and the

respondent has not willing to lead a matrimonial life with the

petitioner and from the date of marriage, he is not acted as a

dutiful husband and the respondent shifted the petitioner from

Chennai to his parental home at Dindigul and thereafter, he did not

return back the matrimonial home and the respondent had love

affair with another woman and due to which, he did not come

forward to lead a peaceful matrimonial life. Hence, the petitioner

has given a complaint to All Women Police Station, Sivagangai and

based on that complaint, a case stands registered. Subsequently, in

the petition filed in MC No.8 of 2015, maintenance was ordered to

the tune of Rs.7,000/-. Aggrieved by the order of the court below,

the petitioner is before this court.

3.On the earlier occasion, when the matter was taken up,

the revision petitioner/husband and the respondent/wife along with

their counsel appeared in person. It is submitted by the learned

counsel appearing on either side that now the dispute between the

parties has been settled amicably and the respondent/wife has no

objection to set aside the entire proceedings. A Joint Compromise

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Memo, dated 22.07.2019 has also been filed by the parties to that

effect, which would run thus:-

“(i)The Respondent/wife herein withdraw
the allegations made against the
petitioner/husband herein in the petition in the
said MC proceedings, likewise the
petitioner/husband herein is also withdraw the
allegations made against the respondent/wife
herein in the counter of said MC proceedings.

(ii)The petitioner husband herein is ready
to hand over all the Sridhana articles as per the
list to the respondent/wife and the
petitioner/husband herein is ready to pay one time
settlement of Rs.6,00,000/- towards maintenance
and compensation to the respondent/wife and the
same was agreed by the respondent police.

(iii)As per the said compromise, the
respondent/wife has received all the Sridhana
Articles as per the list from the petitioner/husband
herein and there is no claim regarding the
Seethana Articles of the respondent/wife against
the petitioner/husband.

(iv)As per the said compromise, the
respondent/wife has received a sum of Rs.2 Lakhs
from the petitioner/husband on 17.06.2018
through Canara Bank, Dindigul Branch Demand
Draft No.928735 and a sum of Rs.50,000/- has
received by the respondent/wife through Indian
Overseas Bank, Dindigul Branch. Further the
deposit amount of Rs.57,000/- to the credit of MC
No.8 of 2015 on the file of Family Court,
Sivagangai is to credit to the respondent/wife and
therefore, the respondent/wife has received total
amount so far Rs.3,07,000/-. The remaining
balance amount of Rs.2,93,000/- has been paid by

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the petitioner/husband to the respondent/wife
before this Hon’ble Court by way of Demand Draft
and cheque on 22.07.2019. Therefore, the one
time settlement was settled to the respondent/wife
before this Hon’ble Court.

(v)In view of the above said settlement
the petitioner/husband and respondent/wife have
agreed to dissolve their marriage dated
15.09.2013 by way of filing mutual consent divorce
petition before the Family Judge, Sivagangai.
Further, the respondent/wife agreed to hand over
one Ring and Mangalyam chain its comes (total
weigh 50 grams) to the petitioner/husband at the
time of filing said consent divorce petition before
the said Court on or before 25.07.2019.

(iv)The respondent/wife herein received
the said amount before this Hon’ble Court and as
one time settlement and further respondent/wife
herein undertakes that she will not claim any
maintenance or compensation against the
petitioner/husband in future.

(vii)In view of the above said
compromise, the respondent/wife herein have
agreed to withdraw the proceedings in DVOP No.
27 of 2015 on the file of the Judicial Magistrate
No.1, Sivagangai and she agreed to cooperate to
quash the Charge Sheet in C.C.No.317 of 2016 on
the file of the Judicial Magistrate No.1, Sivagangai
before the Hon’ble Madurai Bench of Madras High
Court.

3.This compromise memo is made
between the petitioner/husband and
respondent/wife with their full consent and they
are aware of the above mentioned conditions and
agreed the same.”

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4.Keeping in view of the above facts, now the matter has

been amicably settled between the parties, no fruitful purpose will

be achieved to proceed further in this matter.

5.The revision petition is accordingly disposed of in

terms of the settlement arrived at between the parties. The order

passed in MC No.8 of 2015, dated 16.12.2016 on the file of the

Family Court, Sivagangai, is set aside. The Joint Compromise

Memo, dated 22.07.2019 shall form part of the order.

31.07.2019

Index:Yes/No
Internet:Yes/No

er

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T.KRISHNAVALLI,J

er

To,

The Family Court,
Sivagangai.

Judgment made in
Crl.R.C(MD)No.105 of 2019

31.07.2019

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