Aishwarya Sridhar v. Harihara Venkataraman Balasubramanian
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Aishwarya Sridhar, Wife of Harihara Venkatraman Balasubramaniyan, 8 Colonial Square, Middletown NJ-07748, USA, Rep by her mother as her Power of Attorney holder, S.Bhuvaneswari, 21/9, Shanthiniketan Apartment, Eshwardoss Street, Triplicane, Chennai 600 005.
... Petitioner Vs.
Mr.Harihara Venkataraman Balasubramanian, Son of N.Balasubramanian, 1249, NE 96th CT, Hillsboro, OR-97 124 USA, Rep by His father as his Power of Attorney Holder, N.Balasubramanian, No.103, Balaji Illam, Srinivasa Nagar, 1st East Street, Palayamkottai, Tiruvelveli-627 011.
... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to issue a direction to the Principal Family Court at Chennai to number the H.M.O.P.SR.No.217 of 2024 and proceed in the matter for grant of divorce by mutual consent, dispensing with the waiting period of 6 months or in the alternative this may be pleased to withdraw the H.M.O.P.SR.No.217 of 2024 on the file of the Principal Family Court, 1/17
Chennai to the file of this Court and pass a decree in terms of the memorandum of compromise entered into by the parties hereby on 13.12.2022.
For Petitioner :
Mr.V.Prakash, Senior Counsel for Mr.M.Karthikeyani For Respondent :
Mr.S.Mohammed Uduman
ORDER
The order passed by this Court on 23.04.2024 is extracted as follows: "The learned Senior counsel appearing for the petitioner submitted that this is the third occasion they are approaching this Court for the case of divorce by mutual consent. Earlier, the wife filed a petition for restitution of conjugal rights in the year 2018, but not taken on file and numbered for the reason, she could not appear in person. Thereafter, she filed CRP.No.2553 of 2022 and this Court directed the Family Court, Chennai to take the petition on file and dispose the same within the time stipulated. Pursuant to the direction of this Court, HMOP.No.5026 of 2022 assigned. The divorce petition filed by the husband on the ground of cruelty in O.P.No.152 of 2019 was kept pending. In the meanwhile, at the intervention of the family members and common friends, the issue between them got resolved and it was agreed that the divorce by mutual consent to be 2/17
obtained, in the meanwhile, exchange of articles presented during the marriage as gift and the cost incurred for the marriage to be paid, they also agreed to withdraw both HMOP No.152 of 2019 and HMOP No.5026 of 2022 filed by the petitioner.
2.Thereafter, 13(b) petition for divorce by mutual consent filed before the Family Court, Chennai, not entertained. Again the petitioner approached this Court in CRP.No.2130 of 2023 and this Court by order dated 17.10.2023, directed the Family Court to receive the divorce petition filed by them and to hear the parties through video conferencing as per the Rules in Madras High Court VideoConferencing in Courts Rules 2020 and the compromise entered into the parties on 13.12.2022 also recorded, more particularly, the consent of the parties to be recorded virtually. Thereafter, though the mutual consent divorce petition was received, but not numbered and technical objection raised as though one of the address not confirmed with the address found in the Aadhar card, but mutual consent divorce petition not returned. Hence, the present Civil Revision Petition filed.
3.In support of his contention, the learned Senior 3/17
counsel referring to the judgment in the case of K.Ponnamal & Ors. vs. V.Thayanban & Ors., reported in 2012 (1) MWN (Civil) 701, submitted that this Court under Article 227 of the Constitution is not only confined to judicial superintendence but also administrative superintendence over subordinate Courts and Tribunals and hence, the petition maintainable under Article 227 of the Constitution of India to be numbered and seeks appropriate orders.
4.In view of the above, this petition to be entertained. Accordingly the Registry is directed to number the petition and list the matter on 24.04.2024."
2.In continuation and conjunction to the above order, this Court is passing the following order.
3.Today, Harihara Venkataraman Balasubramanian/husband appeared before this Court through virtual mode. 4.The learned counsel appearing for the petitioner and the respondent in unison submitted that Aishwarya Sridhar/wife represented by her 4/17
mother/Power of Attorney viz., S.Bhuvaneswari and Harihara Venkataraman Balasubramanian/husband represented by his father/power of attorney viz., N.Balasubramanian arrived at amicable settlement which is reduce in writing by way of Memorandum of Understanding, dated 13.12.2022. The scanned reproduction of the Memorandum of Understanding, dated 13.12.2022 is as follows: 5/17
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5.This Court considered the rival submissions and perused the materials available on record.
6.It is admitted that both the petitioner and the respondent are presently residing in USA and the petitioner/wife is represented by her mother/power of attorney and the respondent/husband is represented by his father/power of attorney.
7.It is seen that the Principal Family Court at Chennai raised doubt and clarification with regard to change in address of the petitioner in the petiitoner and Aadhar card and returned the petition filed under Section 13B of the Hindu Marriage Act, 1955 which was filed seeking divorce dissolving the marriage between the petitioner and the respondent. In clarification of the same, the petitioner filed affidavit before this Court, which is as follows:
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8.As per the Memorandum of Understanding, the respondent agreed to pay a sum of Rs.22,00,000/- as One Time Settlement to the petitioner. In obedience to the same, the respondent transferred the amount of Rs.22,00,000/- to his father's bank account on 25.04.2024. The bank details with regard to transfer of Rs.22,00,000/- from US by the respondent in 13/17
favour of his father N.Balasubramanian produced to confirm the transaction. Due to procedural aspects on the side of the bank, it could not be given immediate effect. Within three days, the amount would be credited to the account of the respondent's father. Thereafter, the demand draft for Rs.22,00,000/- will be taken and the same can be handed over to the petitioner as per Memorandum of Understanding. 9.Today, the learned counsel appearing on both sides sought permission of this Court for appearance of the petitioner and the respondent through virtual mode before the Principal Family Court at Chennai. They also sought permission for, the petitioner to be represented by her mother/power of attorney and the respondent to be represented by his father/power of attorney.
10.Taking note of the separation of the petitioner and the respondent from the year 2018 and earlier proceedings in O.P.No.152 of 2019 and H.M.O.P.No.5026 of 2022, exemption for six months waiting period is granted.
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11.In view of the above, this Court finds that the Memorandum of Understanding would be completed in full and in all aspects if the petition for divorce by mutual consent is entertained without raising technical objections. The reason given by the petitioner for change of address is accepted. Now it is for the Principal Family Court at Chennai to take divorce petition in H.M.O.P.SR.No.217 of 2024 on file and pass orders. Accordingly, this Court issues following directions: (i)The power of attorneys to appear before the Principal Family Court at Chennai on 15.05.2024 representing returned H.M.O.P.SR.No.217 of 2024. The reason given for change of address is accepted. (ii)The respondent's power of attorney to produce the demand draft for a sum of Rs.22,00,000/- on 15.05.2024 and handover the same to the petitioner's power of attorney who can receive the same in presence of Principal Family Court at Chennai.
(iii)The Principal Family Court at Chennai on 15.05.2024 to take note of the affidavit filed by the petitioner and number the divorce petition in H.M.O.P.SR.No.217 of 2024 without raising any objection in change of 15/17
address and thereafter pass appropriate order in the divorce petition filed under Section 13-B of the Hindu Marriage Act, 1955. (iv)The respondent and the petitioner are permitted to be represented by their power of attorneys and also permitted to appear before the Principal Family Court at Chennai through virtual mode to record their concurrence of mutual consent for divorce.
(v)In the event of non availability of Principal Family Judge at Chennai, the In-charge Family Judge to entertain the petition and pass orders.
12.With the above directions, this civil revision petition stands disposed of. No costs.
30.04.2024 Speaking Order/Non Speaking Order Index : Yes/No Internet : Yes/No vv2 To The Principal Family Court at Chennai.
Note: Issue Order Copy on 03.05.2024.
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M.NIRMAL KUMAR, J.
vv2 30.04.2024 17/17