Shilpa v. Shantilal Kothari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2024 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA and C.M.P.No.27037 of 2023 Shilpa ... Petitioner Vs Shantilal Kothari ... Respondent PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India, pleased to set aside the order dated 27.03.2023, dismissing E.P.No.53 of 2018 on the file of the VI Additional Principal Family Court, Chennai. For Petitioner :

Mr.Sandeep Shah for M/s.Shah and Shah For Respondent :

Mr.Vikram U. Jain

O R D E R

This Civil Revision Petition has been filed against the order passed by the VI Additional Principal Family Court, Chennai, in E.P.No.53 of 2018 on 27.03.2023.

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2. The brief facts of the case is as follows :- 2.1. The petitioner is the wife of the respondent. The respondent had filed a petition in O.P.No.2241 of 2016 against his wife under Section 13(1)(ia) of Hindu Marriage Act, before the Family Court, Chennai. 2.2. In the said original petition, the petitioner herein had chosen to file an application in I.A.No.2654 of 2016 seeking maintenance. The learned VI Additional Principal Judge, vide order dated 30.11.2017, had allowed the application directing the petitioner to pay a sum of Rs.25,000/- per month from September 2016 as maintenance and a sum of Rs.10,000/- towards legal assistance and further, directed to pay a sum of Rs.1lakh towards monthly maintenance for the period from May 2016 to August 2016.

2.3. Since, the respondent/husband failed to comply with the order, the original petition filed by him came to be dismissed on 21.12.2017 for non payment of interim maintenance. In the application filed by the respondent seeking to condone the delay in filing the restoration petition, the trial Court has passed a conditional order and since the same was also not complied with by the respondent, the restoration petition also came to be dismissed. 2 / 12

2.4. Meanwhile, the petitioner herein had filed an execution petition in E.P.No.53 of 2018 and the trial Court had closed the same vide order dated 27.03.2023 observing that there is no executable order under Section 24 of the Hindu Marriage Act after the disposal of the main original petition. Challenging the same, the present Civil Revision Petition has been filed.

3. This Court, finding that the matter arises out of the matrimonial dispute, has suggested the learned counsel appearing for both sides to work out for a settlement. Pursuant to the same, both the counsels having discussed with their respective parties, have arrived at a settlement. Pursuant to the same, both the parties have entered into a Memorandum of Understanding dated 23.10.2024.

4. Both the parties are present before this Court today. They have submitted that their marriage was solemnized on 30.05.2003 and since their marriage has been irretrievably broke down, there is no possibility of reunion and thereby, they have filed an application for divorce by mutual consent in O.P.SR.No.6225 of 2024 before the Principal Family Court, Chennai on 24.10.2024. Both of them submitted that there is no further claim against each other. 3 / 12

5. The respondent/husband submitted that pursuant to the settlement, he has drawn a Demand Draft for a sum of Rs.19 lakhs in favour of the petitioner/wife. He further submitted that it has been mutually agreed between them and they have filed a petition for divorce on mutual consent and it is pending in O.P.SR stage and it has been agreed that the respondent would hand over the Demand Draft to the petitioner before passing the decree of divorce on mutual consent. The petitioner/wife has also undertaken to have over the keys of the flat to the respondent before passing of the decree of divorce on mutual consent

6. Learned counsels appearing for both sides submitted that since the matter has been settled between the parties, the civil revision petition may be disposed based on the Memorandum of Understanding. Further, they have prayed that a direction may be issued to the Family Court to waive the period of six months under the Act, since the marriage was solemnized in the year 2003 and they have been living separately from the year of 2016.

7. Heard the learned counsel appearing for both the petitioner and the respondent and perused the materials available on record. The Memorandum of Understanding entered into between the parties has been extracted hereunder :- 4 / 12

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8. Taking into consideration the Memorandum of Understanding dated 23.10.2024 filed by both the parties and recording the submissions made by the learned counsel on both sides, this Civil Revision Petition stands disposed of. Further, the Family Court is directed to waive the period of six months, take up the petition filed by both the parties under Section 13B of the Hindu Marriage Act which is pending in O.P.SR.No.6225 of 2024 by numbering the same and dispose of the same, within a period of two weeks from the date of receipt of copy of this order.

9. The Memorandum of Understanding filed by the petitioner shall form part of the Court records. Consequently, the connected miscellaneous petition is closed. No costs.

25.10.2024 Index : Yes / No ham To

1. The VI Additional Principal Family Court, Chennai. 11 / 12

A.D.JAGADISH CHANDIRA, J.

ham and C.M.P.No.27037 of 2023 25.10.2024 12 / 12