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Madras High CourtCRL RC/472/2018disposed of

T.Rajesh, v. Priya,

2021-09-11Honourable Mr Justice M.Thanikachalam (Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of September, 2021 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.Justice M.Thanikachalam and Members:

Mr.M.Sambasivam Mr.K.Ethirajalu Crl.R.C.No.472 of 2018 (Criminal Revision against the order passed by the VII Additional Family Court, Chennai, in M.C.No.293 of 2014 dated 09.01.2018). T.Rajesh S/o.Thiruvengadam ... Appellant /versus/ 1.Priya W/o.T.Rajesh 2.R.Nilesh, now changed as T.R.Naghul Adhithya (minor) as per T.No.Govt. Gazette Notification TN/CCN/467 2012-14 dated 27.06.2012 (represented by his mother/natural guardian/ Mrs.Priya) No.49/59/2, Avoor Muthaiah Street, New Washermenpet, Chennai - 600 081.

... Respondents This case is taken up for settlement before this Lok Adalat. Mr.K.Jothilingam, learned counsel for appellant and Mr.S.Bhuvaneswaran, learned counsel for the first respondents, are present.

AWARD This appeal is filed challenging the order passed by the VII Additional Family Court, Chennai, in M.C.No.293 of 2014 dated 09.01.2018.

2. The petitioner is the husband of Priya/first respondent and their marriage was solemnized on 08.03.2009. Their marriage life was not so sweet and dispute arose between them leading to separate living. Under these circumstances, first respondent has filed M.C.No.293 of 2014 on the file of VII Additional Family Court, Chennai and the obtained an order in her favour, which is under challenge in this revision.

3. Pending the revision, the parties have arrived at a settlement and both of them agreed for mutual divorce. Petitioner has also agreed to pay a sum of Rs.4,25,000/- [Rupees Four Lakhs and Twenty Five Thousand only] towards full and final settlement, out of which, today the petitioner has paid a sum of Rs.2,25,000/- [Rupees Two Lakhs and Twenty Five Thousand only] by way of a Demand Draft No.022260 dated 09.09.2021 [HDFC Bank] drawn in favour of the first respondent and the Demand Draft is handed over to the first respondent before us.

4. The balance amount, as agreed by the parties as per the agreement reached between them, will be paid on the final disposal of the divorce petition, on mutual consent, to be filed by the parties before the appropriate Court. On payment of balance sum of Rs.2,00,000/-, the concerned Court may give divorce. It is made clear that as per the agreement, the first respondent shall not claim any maintenance in future for her or for the minor child.

The Criminal Revision is disposed of accordingly. Consequently, connected miscellaneous petition, if any, is closed.

T.Rajesh S/o.Thiruvengadam Counsel for the Appellant 1.Priya W/o.T.Rajesh 2.R.Nilesh, now changed as T.R.Naghul Adhithya (minor) Counsel for the Respondents

This Lok Adalat award is passed as above.

The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

Judge Member Member To:The parties/Advocate concerned Copy to:

1.The VII Additional Family Court, Chennai.

2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies

M.Thanikachalam, J [Retd.] gm/kas/ep Crl.R.C.No.472 of 2018 11.09.2021