← Library
Madras High CourtCRL RC/984/2023disposed of in memo of compromise

Hariprasad v. Velvizhi

2024-06-13Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And Crl.M.P.No.7995 of 2023 Hariprasad ... Petitioner Vs.

Velvizhi ... Respondent Prayer:

Criminal Revision Case filed under Section 397 r/w. Section 401 of Criminal Procedure Code, seeking to call for the records from the Family Court at Puducherry of its order in M.C.No.30 of 2018 dated 23.11.2022 set aside the same and dismiss the said M.C. For Petitioner : Mr.Srinivasan Senior Counsel for M/s.V.Mythili For Respondent : Mr.AR.Suresh

O R D E R

The criminal revision case has been filed seeking to set aside the order dated 23.11.2022 passed in M.C.No.30 of 2018 by the Family Court at Puducherry.

1/4

2.The facts of the case is that the petitioner is the husband and the respondent is the wife. Their marriage was solemnized on 14.09.2016. Thereafter there was a matrimonial dispute between them and the respondent filed maintenance case under Section 125 of Cr.P.C. in M.C.No.30 of 2018 before the Family Court at Puducherry seeking a sum of Rs.1 Lakh per month as maintenance and after adjudication, the Court below directed the petitioner to pay a sum of Rs.10,000/- per month to the respondent towards maintenance from the date of filing of the petition, i.e., 29.05.2018. Challenging the same, the present revision has been filed.

3.When the matter was taken up for consideration, the learned Senior Counsel appearing for the petitioner as well as the learned counsel appearing for the respondent jointly submitted that the matter was compromised inbetween the petitioner and the respondent and filed a Joint Compromise Memo dated 13.06.2024 before this Court which has been signed by the petitioner and the respondent and also by their respective counsel. The petitioner and the respondent were also present in person before this Court. 2/4

4.In the Joint Compromise Memo, it has been stated that the petitioner agreed to pay a sum of Rs.32 Lakhs to the respondent by way of one time settlement towards maintenance and the respondent accepts the same. It is also stated that the respondent will be entitled to withdraw the amount of Rs.32 Lakhs deposited before the Family Court, Puducherry in the maintenance proceedings and the petitioner will give his no objection for the same. Both the petitioner and the respondent are directed to implement the Joint Compromise Memo dated 13.06.2024 in letter and spirit.

5.In view of the above, the order dated 23.11.2022 passed in M.C.No.30 of 2018 by the Family Court at Puducherry is set aside and the terms of Joint Compromise Memo shall form part and parcel of this order.

6.The revision is allowed.

Consequently, the connected miscellaneous petition is closed.

13.06.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

M.DHANDAPANI,J.

pri To 1.The Family Court at Puducherry.

And Crl.M.P.No.7995 of 2023 13.06.2024 4/4