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Madras High CourtCRP/4656/2023disposed of

B.Senthil @ Pratheep Kumar v. T.S.Kasthuri

2025-09-15Honourable Mr.Justice P.B. Balaji6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.09.2025

CORAM

THE HONOURABLE MR. JUSTICE P.B.BALAJI and C.M.P. Nos.27714 of 2023, 315 of 2024 and 18184 of 2024 C.R.P. No.4656 of 2023 B.Senthil @ Pratheep Kumar .. Petitioner Vs.

T.S.Kasthuri .. Respondent C.R.P. No.78 of 2024 T.S.Kasthuri .. Petitioner Vs.

B.Senthil @ Pratheep Kumar .. Respondent Prayer in C.R.P. No.4656 of 2023: Civil Revision Petition filed under Article 227 of The Constitution of India to set aside the order dated 13.09.2023 passed in Crl.A.No.262 of 2019 on the file of the I Additional District and Sessions judge, Coimbatore in so far as relating to the payment of compensation of Rs.3,00,000/- alone. 1/6

Prayer in C.R.P. No.78 of 2024:

Civil Revision Petition filed under Article 227 of The Constitution of India against the judgment in Crl.A.No.262 of 2019 dated 13.09.2023 on the file of the I Additional District and Sessions judge, Coimbatore, confirming the order in D.V.A.No.9 of 2011 on the file of Judicial Magistrate No.VI, Coimbatore dated 10.07.2019.

For Petitioner :

Mr.R.Sankarasubbu in C.R.P.No.4656 of 2023 Mr.B.Kumarasamy in C.R.P. No.78 of 2024 For Respondent :

Mr.B.Kumarasamy in C.R.P. No.4656 of 2023 Mr.R.Sankarasubbu in C.R.P.No.78 of 2024 COMMON ORDER Though in compliance with the order of my predecessor, both husband and wife are present, husband in physical Court and wife through video conference, it is seen that even before the Hon'ble Division Bench, the parties negotiated for a settlement and on 04.07.2024, a compromise was also reached and signed. However, subsequently, when it was about to be recorded by the Hon'ble Division Bench, the respondent/wife had raised certain apprehensions and hence the Hon'ble Division Bench proceeded to 2/6

dispose of the appeal on merits. The Hon'ble Division Bench has found that certain acts committed by the respondent amount to cruelty, entitling the petitioner to dissolution of marriage and additionally, the Hon'ble Division Bench has also held that the marriage had irretrievably broken down. However, learned counsel for the respondent states that review petition has been filed and the same is yet to be taken on file.

2. Though both the civil revision petitions challenge the judgment, in and by which the criminal appeal in Crl.A.No.262 of 2019 on the file of the II Additional District and Sessions Judge, Coimbatore was party allowed, C.R.P. No.4656 of 2023 filed by the husband challenges a portion of the judgment, whereby the petitioner/husband has been directed to pay a compensation of Rs.3,00,000/- lakhs and C.R.P. No.78 of 2024 filed by the wife is in respect of disallowed claims.

3. Mr.R.Sankarasubbu, learned counsel for the petitioner/husband states that the husband has already deposited a sum of Rs.15,00,000/- before the Principal Family Court, Coimbatore and a sum of Rs.50,000/- in the present revision petition and the petitioner/husband has no objection for the entire 3/6

sum of Rs.15,50,000/- to be withdrawn by the respondent in full quit.

4. The respondent/wife states that if the allegations of cruelty are withdrawn and the judgment dated 10.09.2024 in C.M.A.Nos.2809 and 2810 of 2015 and Crl.R.C.No.1142 of 2015 is suitably modified, she has no objection to receive the said amount of Rs.15,50,000/- towards full and final settlement. However, considering the fact that the Hon'ble Division Bench has already passed judgment on 10.09.2024, it is desirable that the parties approach the Hon'ble Division Bench and report the settlement before the Hon'ble Division Bench and seek modification of the judgment in C.M.A.Nos.2809 and 2810 of 2025 and Crl.R.C.No.1142 of 2015.

5. Mr.R.Sankarasubbu, learned counsel for the petitioner also states that the petitioner/husband is willing to even file an affidavit withdrawing all the allegations of cruelty which would evidently pave way for the Hon'ble Division Bench to also record the settlement.

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6. In view of the same, the civil revision petitions are disposed of with the above observations and parties are at liberty to record the settlement which has been indicated hereinabove before the Hon'ble Division Bench.

Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

15.09.2025 Index:Yes/No mmi To 1.The I Additional District and Sessions judge, Coimbatore.

2.The Judicial Magistrate VI, Coimbatore.

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P.B.BALAJI,J., mmi C.R.P.Nos.4656 of 2023 and 78 of 2024 15.09.2025 6/6