Madras High Court
Thamaraikannan vs Uma Maheswari on 12 September, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
C.R.P(MD)No.1733 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 12.09.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
CRP(MD)No.1733 of 2024
and
CMP(MD)No.10020 of 2024
Thamaraikannan ... Petitioner / Petitioner
Vs.
Uma Maheswari ... Respondent /Respondent
Prayer : Civil Revision Petition filed under Article 227 of the Constitution
of India, to strike off the petition in DVC Petition No.25 of 2024 before
the Judicial Magistrate – Additional Mahila Court, Ramanathapuram.
For Petitioner : Mr.T.Sakthi Kumaran
For Respondent : Mr.M.Thirunavukkarasu
1/7
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.1733 of 2024
ORDER
Heard both sides.
2.This civil revision petition has been filed to quash the
proceedings in DVC No.25 of 2024 on the file of the Judicial Magistrate /
Additional Mahila Court, Ramanathapuram. It was submitted that the
parties are locked in quite a few litigations. It was suggested that the
issues can be amicably resolved. Pursuant to the efforts taken by the
learned counsel on either side, all the outstanding issues have been
amicably resolved. A joint memo of compromise dated 12.09.2024
signed by the parties as well as the respective counsel has been filed.
This civil revision is disposed of in terms of the aforesaid compromise in
the following terms :
a) The petitioner herein acknowledges that he has to
pay a sum of Rs.56.00 lakhs along with a gold chain
weighing nine sovereigns to the respondent/wife.
b) The petitioner has paid a sum of Rs.6.00 lakhs
today by way of cash to the respondent in my presence. He
has to pay the balance amount of Rs.50.00 lakhs to the
respondent on or before 20.12.2024. This sum shall
represent the permanent alimony payable to the respondent.
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On receipt of the said amount, the respondent herein shall
not have any further claim against her husband and it shall
be towards full and final settlement.
c) The gold chain weighing nine sovereigns will be
given to the respondent on or before 22.10.2024 by the
petitioner.
d) The proceedings in DVC No.25 of 2024 on the file
of the Judicial Magistrate / Additional Mahila Court,
Ramanathapuram, Crl A No.56 of 2023 on the file of the
Principal District Court, Ramanathapuram, C.C No.223 of
2022 on the file of the Judicial Magistrate Court / Additional
Mahila Court, Ramanathapuram shall stand stayed till
20.12.2024.
e) Upon compliance of the terms of compromise
memo by the petitioner herein and filing of memo to that
effect before the concerned courts, all the aforesaid
proceedings will stand terminated.
f) The proceedings in DVC No.25 of 2024 on the file
of the Judicial Magistrate / Additional Mahila Court,
Ramanathapuram shall be closed.
g) Crl A No.56 of 2023 on the file of the Principal
District Court, Ramanathapuram will stand allowed by
setting aside the judgment and sentence imposed vide
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judgment dated 13.10.2023 in C.C No.263 of 2019 on the
file of the Judicial Magistrate / Additional Mahila Court,
Ramanathapuram (C.C 234 of 2017 was transferred and
renumbered as C.C No.263 of 2019 to Judicial Magistrate /
Additional Mahila Court, Ramanathapuram).
h) C.C No.223 of 2022 on the file of the Judicial
Magistrate Court / Additional Mahila Court,
Ramanathapuram will stand quashed.
i) If the petitioner herein fails to adhere to the
undertaking given before this Court by failing to pay
Rs.50.00 lakhs to the respondent within 20.12.2024, the
proceedings now put on hold will stand automatically revived
and will be taken to their logical conclusions. The payment
already made will stand forfeited in favour of the respondent.
j) The petitioner herein filed CMA (MD) Nos.394 & 395
of 2020 before the Hon'ble Division Bench of this Court.
CMA (MD) No.394 of 2020 arose out of HMOP No.59 of
2019 on the file of the Family Court, Ramanathapuram. It
was a O.P for dissolution of marriage and it was dismissed.
The respondent filed HMOP No.133 of 2019 on the file of
the Family Court, Ramanathapuram for restitution of
conjugal rights and it was allowed. Questioning the same,
the petitioner Thamaraikannan filed CMA (MD) No.395 of
2020 before the Hon'ble Division Bench. Once the petitioner
fulfills the terms of compromise, the parties herein shall
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move the Hon'ble Division Bench for dissolving their
marriage by mutual consent.
k) The respondent gives up her right to receive
maintenance in terms of the order passed in MC No.8 of
2017 on the file of the Chief Judicial Magistrate Court,
Ramanathapuram.
l) The joint compromise memo filed by the parties
herein shall form part of this order.
3.This civil revision petition is disposed of accordingly. No costs.
Connected miscellaneous petition is closed.
12.09.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
SKM
To
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1.The Principal District Judge, Ramanathapuram
2.The Family Court Judge, Ramanathapuram.
3.The Chief Judicial Magistrate, Ramanathapuram.
4.The Judicial Magistrate / Additional Mahila Court,
Ramanathapuram.
Copy to :
The Record Keeper,
V.R Section,
Madurai Bench of the Madras High Court.
https://www.mhc.tn.gov.in/judis
G.R.SWAMINATHAN, J.
SKM
and
12.09.2024
https://www.mhc.tn.gov.in/judis
