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Madras High CourtCRP/1947/2024disposed of

S.K.Srinivasan v. S.Madhumitha

2025-04-16Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-04-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRP NO. 1947 of 2024 AND CMP NO. 10278 OF 2024 S.K.Srinivasan S/o.V.Kaliyamurthi, Plot No.44, Thai Homes, Flat No.ASI, II Floor, Kavimani Nagar, 4th Street, Sumambukulathur Road, Kovilambakkam, Chennai 600 117.

Petitioner(s) Vs S.Madhumitha D/o.Sathyamurthi, Harini Aishwariyam Flat, Block 6, Phase 2, Flat F4 Srinivasa Nagar, Near IAF Road, Selaiyur, Chennai 600 073.

Respondent(s) PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, seeking to set aside the fair and decretal order passed in I.A.No.1 of 2020 in O.P.No.3846 of 2017 vide order dated 03.06.2023 on the file of the III Additional Judge, Family Court at Chennai. For Petitioner(s):

Mr.S.Surya for M/s.A.S.Kailasam & Associates For Respondent(s):

Mr.J.Kamaraj 1/6

ORDER

When the matter is taken up for hearing, both the learned counsel for the parties would submit that the petitioner and the respondent, who are none other than the husband and the wife, have amicably settled the dispute by sorting out their differences and they have also produced a Memorandum of Compliance, dated 16.04.2025. The terms of the said Memorandum are extracted as under:

MEMORANDUM OF COMPLIANCE FILED ON BEHALF OF THE PETITIONER The Petitioner submits as follows:

1. The Petitioner herein had preferred C.R.P. No. 1947 of 2024 before this Hon'ble Court as against I.A. No. 1 of 2020 on the file of the Learned 3rd Additional Family Court, Chennai. The Matter was referred to mediation and upon the intervention of the mediators during the mediation process held between 23.09.2024 and 13.12.2024, both the Petitioner and Respondent herein have amicably resolved among themselves by sorting out all their differences and have decided to settle the disputes viz. a settlement agreement dated 13.12.2024.

2. As agreed the Petitioner has paid the Respondent a sum of Rs.

63,10,847/- (Rupees Sixty Three Lakhs Ten Thousand Eight Hundred and Forty Seven Only)towards a full 2/6

and final settlement today i.e. 16.04.2025 in the following manner:

i. The Petitioner has taken a Demand Draft dated 05.04.2025from City Union Bank, Kovilampaakam Branch, for a sum of Rs. 47,00,000/-(Rupees Forty Seven Lakhs Only) drawn in favor of the Respondent. ii. The Petitioner has also handed over the PPF Deposits of Rs. 14,21,663/-(Rupees Fourteen Lakhs Twenty One Thousand Six Hundred and Sixty Three Only) with relevant passbook and documents relating to the same attached with IDBI Bank in the name of the Respondent.

iii. The Petitioner has handed over the FD receipt amounting to a sum of Rs. 50,000/- (Rupees Fifty Thousand Only) and interest accrued thereon to a sum of Rs. 30,000/- (Rupees Thirty Thousand Only), in total sum of above Rs. 80,000/- (Rupees Eighty Thousand Only) to the Respondent.

iv. The Petitioner has handed over the Passbook of City Union Bank SB Account with funds amounting to Rs. 39,184/- (Rupees Thirty Nine Thousand One Hundred and Eighty Four Only) opened in the name of the Respondent and the Respondent shall cooperate with Petitioner to close the bank account and the locker.

v. The Petitioner has paid Rs. 1,00,000/-(Rupees One Lakh Only) towards the cost of the Respondent's hearing aid by way of G-pay transaction and the same has been acknowledged by the Respondent.

3. As agreed the Petitioner has returned the gold jewellery, silver articles and delivered the household articles and personal items belonging to the 3/6

Respondent as per the Clause (f) of the Settlement Agreement dated 13.12.2024.

4. As per the agreement dated 13.12.2024, the Respondent had withdrawn the Proceedings initiated against the Petitioner in M.C. No. 11/2021 and D.V.C. No. 24/2021 pending on the file of the Learned Judicial Magistrate, Tambaram Vide endorsement made before the said Court.

5. As per the Agreement the Respondent had cooperated for the quash of the criminal case filed against the Petitioner and the same came to be quashed by This Hon'ble Court in Crl. O.P. No. 9485 of 2025 by Order dated 07.04.2025.

Dated at Chennai this the 16th day of April, 2025"

2. In view of the above, nothing remains to be adjudicated in this Revision. Accordingly, the Revision Petition is disposed of as per the terms of the Memorandum of Compliance, dated 16.04.2025. The said Memorandum of Compliance shall form part of this order. No costs. Consequently, connected miscellaneous petition is closed. Dn 16.04.2025 Index:Yes/No 4/6

To

1. The III Additional Judge, Family Court at Chennai. 5/6

A.D.JAGADISH CHANDIRA, J.

dn C.R.P.No.1947 of 2024 16.04.2025 6/6