V.Vinod Kumar vs V.Arunadevi
2021 Latest Caselaw 5802 Mad

Citation : 2021 Latest Caselaw 5802 Mad
Judgement Date : 4 March, 2021

Madras High Court

V.Vinod Kumar vs V.Arunadevi on 4 March, 2021

                                                                            Crl.R.C.No.131 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 04.03.2021

                                                          CORAM:

                                   THE HON'BLE Mr. JUSTICE P.VELMURUGAN

                                        Criminal Revision Case No.131 of 2021
                                            and Crl.M.P.No.2516 of 2021

                      V.Vinod Kumar                                             ... Petitioner

                                                            ..vs..
                      V.Arunadevi                                               ... Respondent


                             Criminal Revision Case filed under Section 397 read with 401
                      Cr.P.C, to set aside the order passed in C.A.No.30 of 2019 by the
                      Additional District and Sessions Court, Tiruvallur @ Poonamallee and
                      call for the entire records.


                             For Petitioner          :   Mr.B.Vivekavanan

                                                     ORDER

By consent of the learned counsel for the petitioner, the matter is

taken up today for final disposal at the admission stage itself, without

issuing notice to the respondent.

http://www.judis.nic.in Crl.R.C.No.131 of 2021

2. This Criminal Revision Case has been filed against judgment

dated 09.12.2020 in Crl.A.No.30 of 2019 on the file of the III Additional

District and Sessions Court, Tiruvallur @ Poonamallee.

3.The marriage between the petitioner and the respondent was

solemnized on 24.02.2008. Due to matrimonial dispute, the

petitioner/husband filed O.P.No.3837 of 2013 for divorce. During the

pendency of the said petition, the respondent/wife filed a petition under

Domestic Violence Act in D.V.No.7 of 2014 seeking various reliefs

including interim maintenance. After enquiry, the learned Magistrate

directed the petitioner/husband to pay Rs.7,000/- per month as

maintenance to the respondent/wife. Challenging the said order, the

respondent/wife preferred an appeal in Crl.A.No.30 of 2019 before the

learned III Additional District and Sessions Judge, Tiruvallur @

Poonamallee. Pending disposal of the appeal, both the parties arrived at

settlement. As per the terms of settlement arrived between the parties, the

learned III Additional District and Sessions Judge, Tiruvallur ordered the

appeal on 09.12.2020 on the following directions, which is as follows :

http://www.judis.nic.in Crl.R.C.No.131 of 2021

''Both parties have agreed that there is no disturbance by either parties in any manner and hence, no protection order as provided under Section 18 of the Protection of Women from Domestic Violence Act is required. Moreover, the parties have agreed that they will workout the remedy of permanent alimony in the matter of HMOP No.3837 of 2013, which is pending on the file of the Principal Family Court, Chennai. Therefore, the compensation order as provided under Section 22 of the Protection of Women from Domestic Violence Act is not granted in this appeal. It is made clear that on payment of entire arrears of maintenance amount the appellant/wife has agreed to withdraw I.A.No.58/2019 in HMOP No.3837/2013 on the file of Principal Family Court, Chennai and hence the appellant/wife is directed to withdraw the same in the event of payment of entire arrears of maintenance. However, it is open to the appellant/wife to workout the relief for litigation expenses before the Family Court in HMOP No.3837/2013. The connected applications pending if any are closed.''

4.The learned counsel for the petitioner would submit that the

petitioner duly complied with the order dated 09.12.2020 passed in

Crl.A.No.30 of 2019 and paid the entire arrears and also paying the

http://www.judis.nic.in Crl.R.C.No.131 of 2021

monthly maintenance. However, the respondent/wife has not withdraw

I.A.No.58 of 2019. Therefore, the petitioner filed the present petition.

5.In the light of the above, since the petitioner has already

complied with the direction passed in Crl.A.No.30 of 2019 dated

09.12.2020, the present Criminal Revision Case is not maintainable.

However, the petitioner is at liberty to work out his remedy before the

competent Court in the manner known to law.

6.Accordingly, this Criminal Revision Case is dismissed.