K. Johny Babu v. D. Praveena

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2022

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA K.Johny Babu ... Petitioner Vs D.Praveena ... Respondent Prayer: The petition is filed under Order 47 Rule 1 of the CPC read with 114 CPC against the order dated 09.03.2022 in Tr.C.M.P.No.18 of 2022.

For Petitioner :

Ms.Kavitha Rameshwar For Respondent :

Mr.S.Vijayanand 1/5

ORDER

The Transfer Petition was ordered by this Court on 09.03.2022 on the ground that the review peititoner herein who is the husband had not complied with his obligations under the terms of mutual consent that had been entered into between the parties before the Lok Adalat in H.M.O.P.No.119 of 2020. One of the terms was that a sum of Rs.10,00,000/- would be paid by the busband to the wife which he had not paid and he has also not returned the Car given by the wife's family.

2. The review petition has been filed on the ground that the basis on which the transfer has been allowed, namely, that the review petitioner has reneged on his obligation is incorrect since the review petitioner had offered the sum of Rs.10,00,000/- to the wife, who 2/5

refused to receive the same. He was also ready to return the car which the wife was not ready to receive.

3. When the matter came up on 26.04.2022, this Court had directed the learned counsel who had appeared for the wife in the Transfer Civil Miscellaneous Petition to get instructions from the wife, since the counsel for the review petitioner had produced a DD for the sum of Rs.10,00,000/- and the matter was adjourned today.

4. Today, when the matter was called, the learned counsel for the respondent wife would submit that the wife is not ready to receive the sum of Rs.10,00,000/-. Therefore, the contention made by the review petitioner in this review petition appears to be true.

5. Be that as it may, the transfer petition has been ordered taking into account the inconvenience of the wife. Therefore, no further 3/5

orders are required in the review petition. The review petition is dismissed. In all other respects, the order passed in the Transfer Civil Miscellaneous Petition stands good. No costs. 28.04.2022 kan Index: Yes/No Speaking order/non-speaking order 4/5

P.T.ASHA, J., kan 28.04.2022 5/5