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Karunakaran : Revision vs Minor Uthayasakthipriyan on 20 March, 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 20.03.2019

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI

Crl.R.C(MD)No.765 of 2017

Karunakaran : Revision Petitioner/
Respondent

Vs.

Minor Uthayasakthipriyan
Represented through his mother
natural Guardian Tmt.Permalatha : Respondent/Complainant

Prayer: Criminal Revision Petition has been filed under
Section 397 r/w 401 of Criminal Procedure Code, against the order
passed in MC No.02 of 2017, dated 19.06.2017 on the file of the
Family Court, Sivagangai.

For Revision Petitioner : Mr.R.Suriyanarayanan

For Respondent : Mr.A.Sivasubramanian

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JUDGMENT

This criminal revision is directed against the order passed

in MC No.02 of 2017, dated 19.06.2017 on the file of the Family

Court, Sivagangai.

2.The respondent herein has filed a maintenance case

through his mother against the petitioner. The respondent’s mother

married the petitioner on 21.01.2007 at Sivagangai as per the

Hindu Rites and Customs and due to the wedlock, on 08.10.2009

the respondent was born and thereafter, due to matrimonial tiff, the

petitioner has filed a divorce petition against his wife (Premalatha)

and that was dismissed by the trial court and on appeal, the

petitioner got decree of divorce. After divorce, the petitioner has

not spent any amount for the welfare of his son (the respondent)

and hence, the respondent has filed maintenance petition against

the petitioner through his mother. In that petition, the lower court

has ordered a sum of Rs.6,000/- towards maintenance for the

respondent till the age of his majority. Aggrieved by the order of

the trial court made in MC No.02 of 2017, dated 19.06.2017, the

petitioner is before this court.

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3.When the matter is taken up for hearing on 19.03.2019,

the revision petitioner and the respondent along with their counsel

appeared in person. They have already filed a Joint Memorandum of

compromise, dated 27.02.2019 stating that the dispute between the

parties has been settled amicably.

6.The Joint Compromise Memo, dated 27.02.2019 reads as

follows:-

(i)The respondent is son of petitioner
herein and he is represented through his mother
who is the wife of the petitioner herein. The
marriage between the petitioner and mother of the
respondent herein is dissolved by way of Court of
law. Now the petitioner has come forward for one
time settlement for maintenance to the respondent
herein and same was accepted by the mother and
guardian of the respondent herein and she agreed
to receive a sum of Rs.5,00,000/- as one time
maintenance amount from the petitioner herein
for her minor son.

(ii)It is submitted that as per the interim
order of this Hon’ble Court in Crl.M.P(MD)No.

9111 of 2017 dated 10.10.2017, the petitioner

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herein has given monthly maintenance to the
respondent herein and 50% of the arrears amount
also deposited in the trial court. The respondent
herein is ready to deduct the already paid amount
of the maintenance by the petitioner herein from
the said one time maintenance amount of Rs.
5,00,000/-. After deduction of the earlier payment
as stated above, the amount comes as a sum of Rs.
4,32,900/- and same is handed over by the
petitioner herein to the respondent herein by way
of Demand Draft bearing registration No.027969,
dated 06.12.2018 in favour of the respondent’s
mother and natural guardian namely A.Prema
Latha issued by Canara Bank, Bodinayackanoor
Branch, Theni District and payable at Sivagangai
Branch.

iii)The respondent herein has accepted to
receive the said amount as stated above as one
time settlement and further mother of the
respondent herein undertakes that she will not
claim any maintenance or compensation against
the petitioner in future for maintenance of her
son.

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

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(4)The petitioner has already deposited
50% of the monthly maintenance from the date of
filing revision petition to the tune of Rs.48,000/-.
The same is permitted to withdraw by the
respondent and petitioner have no objection.

7.Keeping in view of the above and now, the matter has

been amicably settled between the parties, the revision petition is

disposed of in terms of the settlement arrived at between the

parties. The Joint Compromise Memo, dated 27.02.2019 shall form

part of the order. The respondent is permitted to withdraw the

maintenance arrears amount of Rs.48,000/-, which was deposited

by the petitioner to the credit of M.C.No.2 of 2017 on the file of the

Family Court, Sivagangai.

21.03.2019

Index:Yes/No
Internet:Yes/No

er

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T.KRISHNAVALLI,J

er

Judgment made in
Crl.R.C(MD)No.765 of 2017

21.03.2019

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