J.Moses Suresh @ J.Moses Suresh Kumar v. Clarence Kalavathy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P.No.16915 of 2023 J.Moses Suresh @ J.Moses Suresh Kumar ... Petitioner Vs.
Clarence Kalavathy ... Respondent PRAYER: Criminal Revision Case is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to set aside the impugned order dated 20.03.2023 passed by the learned III Additional Principal Family Court at Chennai in M.C.No.22 of 2017.
For Petitioner :
Mr.D.J.Adinarayanan For Respondent :
Mr.P.S.Vaideeswaran Page No.1 of 8
ORDER
This Court, on 05.03.2024, had passed the following order: "This Court, on 28.11.2023, had passed the following order: "The petitioner, who is the estranged husband of the respondent was directed to pay a sum of Rs.15,000/- per month to the respondent as maintenance from 12.01.2017. Aggrieved against the same, the petitioner preferred the present revision. Now the learned counsel for the petitioner requested that the matter may be referred to a Mediation Centre so that it can be given quietus once for all. It is seen that it is a family dispute between the husband and wife and with regard to maintenance. It is also seen that both of them were separated 20 years back and the petitioner is aged about 61 years.
2.Hence, with the consent of learned counsel appearing on both sides, the matter is referred to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras.
3.The Registry is directed to place this matter before the Mediation Centre and after completion of mediation proceedings, list the matter before this Court." 2.In continuation and conjunction to the earlier order passed by this Court on 28.11.2023, the Mediation Report along with the Settlement Agreement dated 13.02.2024, signed by the petitioner, Page No.2 of 8
respondent and their respective counsel, produced. A scanned reproduction of the Settlement Agreement reads as follows: Page No.3 of 8
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3.As per the Settlement Agreement, the petitioner agreed to pay Rs.7,00,000/- (Rupees Seven Lakhs only) as accepted by the respondent as permanent alimony. The petitioner also paid Rs.3,50,000/- (Rupees Three Lakhs and Fifty thousand only) and the balance Rs.3,50,000/- to be paid after getting divorce on mutual consent. It is an admitted fact that both of them are living separately from 10.03.2008. Further, learned counsel for the petitioner referring to the impugned order submitted that the petitioner, apart from this Rs.7,00,000/-, paid Rs.3,00,000/- to the respondent, which is recorded in paragraph 28 of the impugned order dated 20.03.2023.
4.Both parties have filed a mutual Divorce petition under Section 10-A of Divorce Act, 1869 before the Family Court, Chennai on 13.02.2024 and for some reasons, it has been returned for making corrections and thereafter, corrections have been carried out and a fresh petition was filed in S.R.No.855 of 2024, which is yet to be numbered. As soon as it is numbered, the petitioner shall pay the balance amount.
5.It is seen that as early as on 13.02.2024, mutual divorce petition has been filed. In view of the non numbering of the mutual divorce petition, the petitioner is unable to pay the balance amount. In view of the same, the Registry of the Family Court, Chennai is directed to number the divorce petition filed in S.R.No.855 of 2024, without further delay and list it before the Principal Family Judge, Chennai, who can consider the mutual divorce petition or made over to an appropriate Additional Family Court, Chennai. Page No.6 of 8
6.In view of the admitted position that the petitioner and respondent were living separately from 10.03.2008, the concerned Family Court, Chennai shall consider the mutual consent divorce petition and grant divorce. The said exercise to be completed on or before 22.03.2024.
7.List the case on 25.03.2024."
2.In continuation and conjunction to the earlier order passed by this Court on 05.03.2024, today, the learned counsel for petitioner and respondent submitted that pursuant to the understanding entered between them, divorce by mutual consent was granted by the Family Court, Chennai in O.P.No.938 of 2024 on 22.03.2024. Now the dispute between the petitioner and respondent got resolved. In view of the above, the order passed in M.C.No.22/2017, dated 20th March, 2023, has no force and relevance and becomes infructuous.
3.Recording the above submission, this Criminal Revision Case is disposed of. Consequently, connected Criminal Miscellaneous Petition is closed.
25.03.2024 Speaking order/Non-speaking order Index: Yes/No rsi Page No.7 of 8
M.NIRMAL KUMAR, J.
rsi To 1.The III Additional Principal Family Judge, Chennai.
2.The Public Prosecutor, High Court, Madras.
25.03.2024 Page No.8 of 8