Madras High Court
K.Ramachandran vs Mrs.S.K.Preethi Sri on 21 May, 2025
C.R.P. No.4787 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved On 16.04.2025
Pronounced on 21.05.2025
CORAM:
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
C.R.P. No.4787 of 2023 and
C.M.P. Nos.28398 & 28399 of 2023
K.Ramachandran ... Petitioner
Vs
Mrs.S.K.Preethi Sri ... Respondent
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of
India to set aside the complaint notice dated 26.10.2021 in DVC No.119/2021,
pending on the file of Additional Mahila Court, Egmore, Chennai.
For Petitioner : Mr.R.Gopinath
For Respondent : Mr.V.Pushpalatha
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C.R.P. No.4787 of 2023
ORDER
The present civil revision petition is filed challenging the proceedings
initiated as against the petitioner, who is the husband of the respondent herein,
in DVC No.119 of 2021 on the file of Additional Mahila Court, Egmore,
Chennai.
2. The revision petitioner herein has contended that there was a family
dispute between him and his wife, namely, the respondent herein. The
application filed by the petitioner in HMOP No.4132 of 2019 for restitution of
conjugal rights was allowed in his favour and the divorce application in HMOP
No.3087 of 2021 filed by the wife was dismissed. Aggrieved by the common
judgment allowing the petition filed by revision petitioner and dismissing the
respondent's petition for divorce, the respondent herein has filed C.M.A.
Nos.2364 of 2024 and 2446 of 2024.
3. By a joint compromise memo dated 05.10.2024, the parties have
arrived at a consensus that they shall mutually separate from their marriage
bondage. Recording the same, a Division Bench of this court has granted a
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decree of divorce to the parties vide common judgment dated 22.10.2024.
However, DVC No.119 of 2021 was still pending against the petitioner and the
petitioner has drawn the attention of this court that as the compromise was
effected, there is no relationship as husband and wife between the petitioner
and the respondent and that he has also given an affidavit of undertaking in
addition to the compromise memo dated 05.10.2024 incorporating certain
undertakings by the petitioner such as he will not enter the place of residence
and the place of employment of the respondent and he will not disturb the
future life of the respondent or her parents and shall communicate with the
respondent only through registered post or speed post.
4. The learned counsel appearing for the respondent submitted that since
the Joint Memo of Compromise between the petitioner and the respondent was
recorded in the common judgment dated 22.10.2024 made in C.M.A. Nos.2364
and 2466 of 2024, quietus was given to the entire issue.
5. The revision petitioner has now filed an Affidavit of Undertaking
dated 17.02.2025, duly attested by a Notary. The respondent/wife also
concedes that she will not prosecute the DVC No.119 of 2021 pending on the
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file of Additional Mahila Court, Egmore, in terms of the joint memo of
compromise and the conditions now imposed in the affidavit of undertaking.
The present affidavit of undertaking dated 17.02.2025 filed by the revision
petitioner is recorded and the proceedings in DVC No.119 of 2021 pending on
the file of Additional Mahila court, Egmore, is quashed in the above terms. The
scanned reproduction of affidavit of undertaking of the petitioner is given
hereunder and the same shall form part of this order.
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6. The civil revision petition is allowed on the above terms. No costs.
Consequently, the connected civil miscellaneous petitions are closed.
21.05.2025
Index : Yes / No
Neutral Citation : Yes / No
Asr
To
The Additional Mahila Court, Egmore, Chennai
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N.SENTHILKUMAR, J.
Asr
C.R.P. No.4787 of 2023 and
C.M.P. Nos.28398 & 28399 of 2023
21.05.2025
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