Citation : 2025 Latest Caselaw 7035 Mad
Judgement Date : 15 September, 2025
C.R.P.Nos.4656 of 2023 and 78 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2025
CORAM
THE HONOURABLE MR. JUSTICE P.B.BALAJI
C.R.P.Nos.4656 of 2023 and 78 of 2024
and
C.M.P. Nos.27714 of 2023, 315 of 2024 and 18184 of 2024
C.R.P. No.4656 of 2023
B.Senthil @ Pratheep Kumar .. Petitioner
Vs.
T.S.Kasthuri .. Respondent
C.R.P. No.78 of 2024
T.S.Kasthuri .. Petitioner
Vs.
B.Senthil @ Pratheep Kumar .. Respondent
Prayer in C.R.P. No.4656 of 2023: Civil Revision Petition filed
under Article 227 of The Constitution of India to set aside the order
dated 13.09.2023 passed in Crl.A.No.262 of 2019 on the file of the I
Additional District and Sessions judge, Coimbatore in so far as
relating to the payment of compensation of Rs.3,00,000/- alone.
1/6
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C.R.P.Nos.4656 of 2023 and 78 of 2024
Prayer in C.R.P. No.78 of 2024: Civil Revision Petition filed
under Article 227 of The Constitution of India against the judgment
in Crl.A.No.262 of 2019 dated 13.09.2023 on the file of the I
Additional District and Sessions judge, Coimbatore, confirming the
order in D.V.A.No.9 of 2011 on the file of Judicial Magistrate No.VI,
Coimbatore dated 10.07.2019.
For Petitioner : Mr.R.Sankarasubbu
in C.R.P.No.4656 of 2023
Mr.B.Kumarasamy
in C.R.P. No.78 of 2024
For Respondent : Mr.B.Kumarasamy
in C.R.P. No.4656 of 2023
Mr.R.Sankarasubbu
in C.R.P.No.78 of 2024
COMMON ORDER
Though in compliance with the order of my predecessor,
both husband and wife are present, husband in physical Court and
wife through video conference, it is seen that even before the
Hon'ble Division Bench, the parties negotiated for a settlement and
on 04.07.2024, a compromise was also reached and signed.
However, subsequently, when it was about to be recorded by the
Hon'ble Division Bench, the respondent/wife had raised certain
apprehensions and hence the Hon'ble Division Bench proceeded to
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dispose of the appeal on merits. The Hon'ble Division Bench has
found that certain acts committed by the respondent amount to
cruelty, entitling the petitioner to dissolution of marriage and
additionally, the Hon'ble Division Bench has also held that the
marriage had irretrievably broken down. However, learned counsel
for the respondent states that review petition has been filed and the
same is yet to be taken on file.
2. Though both the civil revision petitions challenge the
judgment, in and by which the criminal appeal in Crl.A.No.262 of
2019 on the file of the II Additional District and Sessions Judge,
Coimbatore was party allowed, C.R.P. No.4656 of 2023 filed by the
husband challenges a portion of the judgment, whereby the
petitioner/husband has been directed to pay a compensation of
Rs.3,00,000/- lakhs and C.R.P. No.78 of 2024 filed by the wife is in
respect of disallowed claims.
3. Mr.R.Sankarasubbu, learned counsel for the
petitioner/husband states that the husband has already deposited a
sum of Rs.15,00,000/- before the Principal Family Court,
Coimbatore and a sum of Rs.50,000/- in the present revision
petition and the petitioner/husband has no objection for the entire
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sum of Rs.15,50,000/- to be withdrawn by the respondent in full
quit.
4. The respondent/wife states that if the allegations of
cruelty are withdrawn and the judgment dated 10.09.2024 in
C.M.A.Nos.2809 and 2810 of 2015 and Crl.R.C.No.1142 of 2015 is
suitably modified, she has no objection to receive the said amount
of Rs.15,50,000/- towards full and final settlement. However,
considering the fact that the Hon'ble Division Bench has already
passed judgment on 10.09.2024, it is desirable that the parties
approach the Hon'ble Division Bench and report the settlement
before the Hon'ble Division Bench and seek modification of the
judgment in C.M.A.Nos.2809 and 2810 of 2025 and Crl.R.C.No.1142
of 2015.
5. Mr.R.Sankarasubbu, learned counsel for the petitioner
also states that the petitioner/husband is willing to even file an
affidavit withdrawing all the allegations of cruelty which would
evidently pave way for the Hon'ble Division Bench to also record
the settlement.
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6. In view of the same, the civil revision petitions are
disposed of with the above observations and parties are at liberty to
record the settlement which has been indicated hereinabove before
the Hon'ble Division Bench. Consequently, connected
miscellaneous petitions are closed. There shall be no order as to
costs.
15.09.2025 Index:Yes/No Neutral Citation:Yes/No mmi
To
1.The I Additional District and Sessions judge, Coimbatore.
2.The Judicial Magistrate VI, Coimbatore.
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P.B.BALAJI,J.,
mmi
and 78 of 2024
15.09.2025
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