Madras High Court
K.Ramkumar vs T.Sangeetha on 9 September, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
C.R.P.(MD)Nos.1596 and 2599 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 09.09.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
C.R.P.(MD)Nos.1596 and 2599 of 2023
and
C.M.P.(MD)No.7834 of 2023
C.R.P.(MD)No.1596 of 2023:-
K.Ramkumar ... Petitioner/Appellant/1st Respondent
Vs.
T.Sangeetha ... Respondent/Respondent/Petitioner
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of
India, to call for the records relating to the judgment in Crl.A.No.30 of 2022
dated 23.03.2023 on the file of the III Additional District and Sessions Judge,
Tiruchirappalli against the order made in D.V.C.No.120 of 2016 dated
11.03.2022 on the file of the Additional Mahila Judge, Tiruchirappalli, set aside
the same and allow this Civil Revision Petition.
For Petitioner : Mr.A.Arun Prasad
For Respondent : Mr.T.Lenin Kumar
C.R.P.(MD)No.2599 of 2023:-
T.Sangeetha ... Petitioner/Respondent/Petitioner
Vs.
https://www.mhc.tn.gov.in/judis
1/6
C.R.P.(MD)Nos.1596 and 2599 of 2023
K.Ramkumar ... Respondent/Appellant/1st Respondent
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of
India, to set aside the order dated 23.03.2023 passed by the III Additional
District and Sessions Judge, Trichy in Crl.A.No.30 of 2022 insofar as setting
aside the order of compensation awarded by the Additional Mahila Judge,
Trichy in D.V.C.No.120 of 2016 dated 11.03.2022.
For Petitioner : Mr.T.Lenin Kumar
For Respondent : Mr.A.Arun Prasad
***
COMMON ORDER
K.Ramkumar and T.Sangeetha got married on 20.01.2016. Their
relationship came under strain. Sangeetha filed D.V.C.No.120 of 2016 on the
file of the Additional Mahila Court, Tiruchirappalli seeking various reliefs. She
examined herself as P.W.1. The Social Protection Officer was examined as
P.W.2. Exs.P1 to P7 were marked. Ramkumar examined himself as R.W.1 and
marked Exs.R1 to R15. The learned Judicial Magistrate / Additional Mahila
Court, Tiruchirappalli vide order dated 11.03.2022 allowed D.V.C.No.120 of
2016 and directed Ramkumar to return the jewellery and sridhana articles
belonging to the wife. That apart, compensation to the tune of Rs.3,00,000/-
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)Nos.1596 and 2599 of 2023
was also ordered. Questioning the order dated 11.03.2022, Ramkumar filed
Crl.A.No.30 of 2022 before the III Additional District and Sessions Court,
Tiruchirappalli. The appeal was partly allowed on 23.03.2023. The trial
Court's order was modified in the following terms:
“The appellant is directed to return the gold jewels and Sridhana
properties of the respondent within 15 days from the date of order in the
presence of protection officer, Tiruchirappalli (domestic violence). When
the jewels listed the Ex.P4 list of jewels and the jewels wore by respondent
shall be taken into account. If the appellant failed to comply the order, it
shall be executed as directed by the trial Court. The appellant is directed
to pay cost of this petition Rs.5,000/- to the respondent. Compensation for
Rs.3,00,000/- is concerned trial Court order is set aside.”
Challenging the same, both Sangeetha as well as Ramkumar filed these civil
revision petitions.
2.After hearing the learned counsel on either side, I am satisfied that the
impugned order does not call for interference. The primary issue that has arisen
is whether Ramkumar is obliged to return 40 ½ sovereigns of gold to his wife.
3.The Courts below have gone primarily by the pleadings set out in the
counter filed by Ramkumar. Ramkumar virtually appears to have admitted the
case of Sangeetha. That is why, I am not inclined to interfere with the
impugned order.
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C.R.P.(MD)Nos.1596 and 2599 of 2023
4.It is seen that Ramkumar filed H.M.O.P.No.248 of 2017 on the file of
the Family Court, Tiruchirappalli seeking dissolution of his marriage.
According to Ramkumar, Sangeetha has been suffering from some mental
issues. It is Ramkumar who has applied for divorce. Sangettha has not sought
the relief of restitution of conjugal rights. In these circumstances, the first
appellate Court rightly set aside the order for payment of compensation.
5.The Family Court, Tiruchirappalli is directed to dispose of
H.M.O.P.No.248 of 2017 on merits and in accordance with law within a period
of six months from the date of receipt of a copy of this order.
6.With this direction to the Family Court, Tiruchirappalli, these civil
revision petitions are dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
09.09.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
ias
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)Nos.1596 and 2599 of 2023
To:
1.The III Additional District and Sessions Court,
Trichirappalli.
2.The Additional Mahila Court,
Trichirappalli.
Copy to:
The Family Court,
Tiruchirappalli
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)Nos.1596 and 2599 of 2023
G.R.SWAMINATHAN, J.
ias
C.R.P.(MD)Nos.1596 and 2599 of 2023
09.09.2024
https://www.mhc.tn.gov.in/judis
