Madras High Court
N.Krishnamani vs K.Shanthi on 30 April, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.04.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
Crl.R.C(MD)No.240 of 2018
N.Krishnamani : Petitioner/Respondent/
Respondent
Vs.
K.Shanthi : Respondent/Petitioner/
Petitioner
Prayer Criminal Revision has been filed under Section
397 r/w 401 of the Criminal Procedure Code, against the order
passed by the Family Court, Madurai, in Crl.MP No.29 of 2017 in
MC No.105 of 2015, dated 19.02.2017.
For Revision Petitioner : Mr.M.Gururaj
For Respondent : Mrs.S.Prabha
for Mr.A.Banumathy
JUDGMENT
This Criminal Revision is directed against the order
passed by the Family Court, Madurai, in Crl.MP No.29 of 2017 in
MC No.105 of 2015, dated 19.02.2017.
https://www.mhc.tn.gov.in/judis/
2.The facts of the case is that the marriage between the
petitioner/husband and the respondent/wife was solemnized on
01.09.2013 at Thirumangalam. Due to matrimonial tiff, they were
living separately. The petitioner/husband filed HMOP No.413 of
2014 for divorce before the Sub Court, Thirumangalam.
Subsequently, the respondent/wife filed MC No.105 of 2015 before
the Family Court, Madurai, seeking maintenance of Rs.12,000/- per
month. The Family Court, Madurai, by order, dated 09.11.2016,
allowed the Maintenance Case and directed the respondent therein
to pay a sum of Rs.3,000/- per month towards maintenance. Since,
the respondent in the maintenance case has not paid any amount,
the petitioner/wife filed Cr.M.P.No.29 of 2017 seeking a direction to
the respondent to pay the maintenance amount of Rs.54,000/- from
14.07.2015 to 13.01.2017 for 18 months. The said petition was
allowed on 19.02.2018 and since the respondent is not willing to
pay the arrears of maintenance amount, he is ordered to undergo
simple imprisonment of 18 months towards non-payment of Rs.
54,000/- for the period of 18 months and further, the respondent is
ordered to be released , if the entire arrears of maintenance
amount of Rs.54,000/- is paid. Challenging the same, the
petitioner/husband is before this court.
https://www.mhc.tn.gov.in/judis/
3.On 10.02.2021, when the matter is taken up for hearing,
the learned counsel appearing on either side made a request to
refer the matter to the Mediation and Conciliation Centre, attached
to this Bench for settlement. On 22.02.2021, both the parties
appeared before the Mediation and Conciliation Centre, attached to
this Bench and they have settled their dispute between them
amicably and a Settlement Agreement was also entered into
between the parties and the petitioner/husband agreed to pay Rs.
70,000/- to the respondent/wife towards compensation.
4.When the matter is taken up for hearing on 29.04.2021,
the learned counsel appearing for the petitioner/husband filed a
memo stating that as per the settlement agreement entered into
between the petitioner and the respondent, the petitioner has paid
Rs.70,000/- to the respondent by way of cash as one time alimony
settlement and he has also filed a memo to that effect, which would
run thus:-
“The petitioner herein had paid a
sum of Rs.70,000/- to the respondent herein
by way of cash as a one time alimony
settlement and it is accepted by the
respondent not to proceed further regarding
the MC No.105 of 2015 on the file of the
https://www.mhc.tn.gov.in/judis/
Family Court, Madurai and as per the terms
of agreement, it is accepted by both the
parties to file a Divorce by Mutual Consent
before the Family Court, Madurai.
5.The learned counsel appearing for the respondent/wife
has conceded the above fact.
6.Keeping in view of the above and now, the matter has
been amicably settled between the parties, this Criminal Revision is
disposed of in terms of the settlement arrived at between the
parties. In consequence thereof, the entire proceedings in respect
of MC No.105 of 2015 on the file of the Family Court, Madurai, is
hereby closed.
30.04.2021
Index:Yes/No
Internet:Yes/No
er
https://www.mhc.tn.gov.in/judis/
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for
official purposes, but,
ensuring that the copy of the
order that is presented is the
correct copy, shall be the
responsibility of the
advocate/litigant concerned.
To,
The Family Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
T.KRISHNAVALLI,J
er
Judgment made in
Crl.R.C(MD)No.240 of 2018
30.04.2021
https://www.mhc.tn.gov.in/judis/
https://www.mhc.tn.gov.in/judis/
