Madras High Court
T.Kavitha vs T.Thiruselvan on 23 September, 2021
REV.APLC(MD)No.32 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.09.2021
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
REV.APLC(MD)No.32 of 2021
in
C.M.S.A.(MD)No.34 of 2019
T.Kavitha ... Petitioner
vs.
T.Thiruselvan ... Respondent
PRAYER: Review Application filed under Section 47 r/w 114 of CPC, to review
the decree and judgment, dated 27.08.2019 passed in C.M.S.A(MD)No.34 of
2019 by this Court, and to allow the appeal in C.M.S.A.(MD)No.34 of 2019.
For Petitioner :Mr.M.Ramu
For Respondent :No representation
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1/6
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REV.APLC(MD)No.32 of 2021
ORDER
This Review Application is filed to review the judgment and decree
passed by this Court in C.M.S.A.(MD)No.34 of 2019, dated 27.08.2019.
2.Heard Mr.M.Ramu, learned Counsel for the petitioner. There is no
representation for the respondent.
3.The learned Counsel appearing for the applicant submitted that the
Review Application is filed only for the purpose of making a small correction in
paragraph 13 of the judgment passed by this Court in C.M.S.A(MD)No.34 of
2019, dated 27.08.2019.
4.In paragraph 13 of the judgment of this Court, dated 27.08.2019 made in
C.M.S.A(MD)No.34 of 2019, this Court observed that the wife has collected all
her jewels and articles from her husband, whereas, in the memorandum of
settlement executed by the parties, it is stated that the wife has agreed to receive
the gold jewels and articles mentioned in the list annexed to the memorandum of
settlement. The wife though acknowledged the receipt of the gold jewels and
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REV.APLC(MD)No.32 of 2021
articles in the list annexed in the memorandum of settlement, it is stated that
handing over and receipt of gold jewels and articles is without prejudice to the
respective contentions of either of the parties in the other litigations being
contested between them.
5.In the list appended to the memorandum of settlement signed by the
parties, it is stated that the wife has acknowledged the receipt of 524.05 grams of
gold jewels. However, the learned Counsel appearing for the petitioner submitted
before this Court that the wife has alleged that the gold jewels weighing around
101 sovereigns are not returned to her. Stating that the observation in paragraph
13 of the judgment that the wife has collected all her jewels and articles from her
husband is not admitted and that the observation may preclude the wife from
establishing her claim before any other forum, the learned Counsel for the
petitioner seeks modification of that portion of the judgment.
6.In the counter affidavit as extracted in the order of the learned
Additional District and Sessions Judge, Nagercoil in C.M.A.No.14 of 2015, it is
seen that the applicant/wife has specifically pleaded that at the time of marriage,
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REV.APLC(MD)No.32 of 2021
the parents of the applicant gave Rs.5,00,000/- as cash and 101 sovereigns of gold
and household articles worth about Rs.2,00,000/- to the respondent/husband. It is
further stated that the respondent had pledged all the jewels of the applicant.
Though the quantum of jewels that was pledged by the husband is not specifically
stated, the observation of this Court that the wife has collected all her jewels is
not appropriate. Hence, this Court is inclined to modify only paragraph 13 of the
judgment in the following lines:
7.In paragraph 13 of the judgment of this Court, the following sentence is
deleted: "In the course of proceedings, the wife has collected all her jewels and
articles from the husband". Instead of the above sentence, the following sentence
may be substituted:
"In the course of proceedings, there was a memorandum of settlement
between the parties on 26.08.2019 and the wife had acknowledged the receipt of
gold jewels weighing 524.05 grams. Since the parties had also recorded that
handing over and receipt of gold jewels and articles is without prejudice to the
respective contentions of either of the parties in the other litigations being
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REV.APLC(MD)No.32 of 2021
contested by them, this Court give liberty to the applicant to establish her claim
independently for returning of any other jewel if it is proved to be available with
the respondent/husband.”
7.Except the modification above referred to, the review application is
dismissed in all other respects.
23.09.2021
Index : Yes / No
Internet : Yes
tmg/cmr
https://www.mhc.tn.gov.in/judis/
REV.APLC(MD)No.32 of 2021
S.S.SUNDAR, J.
tmg/cmr
Order made in
REV.APLC(MD)No.32 of 2021
23.09.2021
https://www.mhc.tn.gov.in/judis/
