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Madras High CourtCRP/4741/2025disposed of

K.Karthik v. M.Saranya

2025-11-24Honourable Mr.Justice P.B. Balaji6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI CRP.No.4741 of 2025 and CMP No.23927 of 2025 1.K.Karthik 2.K.Kumari 3.P.Kirubanithi ... Petitioners Vs.

M.Saranya .

... Respondent Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, against the order dated 21.08.2025 passed in C.A.No.113 of 2024 on the file of Principal District and Sessions Judge, Tiruvannamalai, confirming the order dated 11.12.2023 passed in D.V.No.6 of 2021 on the file of Judicial Magistrate, Additional Mahila Court, Tiruvannamalai. 1/6

For Petitioners : Mr.P.Raja For Respondent : Mr.R.Thirumoorthy

ORDER

The husband and his relatives have challenged the order passed in domestic violence proceedings in D.V.No.6 of 2021 on the file of the Judicial Magistrate I, Additional Mahila Court, Tiruvannamalai and confirmed in appeal in C.A.No.113 of 2024 on the file of the Principal District and Sessions Judge, Tiruvannamalai.

2.After hearing the learned counsel for the parties, I had suggested that the parties may amicably resolve their disputes. The learned counsel for the parties were agreeable to go back to the respective clients with regard to the proposal mooted out by the Court and revert with their suggestions. 2/6

3.Today, both the learned counsel reported that the parties are willing to abide by the suggestions proposed by this Court and have the same recorded as an order in this revision.

4.The respondent/wife has been given residence as well as protection orders, besides maintenance at the rate of Rs.40,000/- per month. Considering that the husband-1st petitioner is a Magistrate, who is residing at the quarters provided by the State and it would not be conducive for a shared residence, I had suggested that the respondent/wife can accommodate herself elsewhere, with the maintenance amount that has been ordered by the Court. The husband has sought for reduction in the quantum of the maintenance and in order to balance equities and at the same time, protect the interest of both the parties, the suggestion that was mooted out by me and accepted by both the parties is as hereunder: (i) The respondent shall give up the residence and protection orders passed in her favour.

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(ii) The 1st petitioner shall pay a sum of Rs.40,000/-, as maintenance, as directed by the Judicial Magistrate No.I, full additional charge of Additional Mahila Court, Tiruvannamalai, and confirmed by the learned Principal District and Sessions Judge, Tiruvannamalai, at the rate of Rs.40,000/- per month from the month of December 2025 onwards (payable in January 2026).

(iii) Insofar as the arrears of maintenance, the 1st petitioner shall pay the maintenance at the rate of Rs.30,000/- per month from 05.02.2021, till 30.11.2025. The said arrears shall be paid within a period of four weeks from today i.e 24.11.2025.

5.The learned counsel for the respondent would state that the return of jewels and other articles is also a contentious issue. According to the respondent, jewels, weighing 30 sovereigns, were admittedly in the custody of the petitioner and the same has to be returned to the respondent. The learned counsel for the petitioners, however, states that the jewels of the respondent were stolen from the judicial quarters and a police complaint has also been lodged by the petitioner and the same is under investigation. 4/6

6.In view of the above, with regard to return of jewels and other articles, it is open to the parties to agitate the same in independent civil proceedings.

7.With the above directions, the Civil Revision Petition is partly allowed, setting aside the residence and protection orders passed in favour of the respondent, however, confirming the order with regard to maintenance, subject to the modification regarding the arrears payable alone, as indicated in clauses (ii) and (iii) of paragraph No.4 supra. No costs. Connected Civil Miscellaneous Petition is closed. 24.11.2025 Speaking Order/Non-speaking Order Index : Yes / No sr/ata P.B. BALAJI,J.

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sr/ata To

1. The Judicial Magistrate No.I, Tiruvannamalai, Full Additional Charge of Additional Mahila Court, Tiruvannamalai

2. The Principal District and Sessions Judge, Tiruvannamalai & CMP.No.23927 of 2025 24.11.2025 6/6