K.Ramachandran v. S.K.Preethi Sri
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved On 16.04.2025 Pronounced on 21.05.2025
CORAM:
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR C.R.P. No.4787 of 2023 and C.M.P. Nos.28398 & 28399 of 2023 K.Ramachandran ... Petitioner Vs Mrs.S.K.Preethi Sri ... Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the complaint notice dated 26.10.2021 in DVC No.119/2021, pending on the file of Additional Mahila Court, Egmore, Chennai. For Petitioner : Mr.R.Gopinath For Respondent : Mr.V.Pushpalatha Page 1/10
O R D E R
The present civil revision petition is filed challenging the proceedings initiated as against the petitioner, who is the husband of the respondent herein, in DVC No.119 of 2021 on the file of Additional Mahila Court, Egmore, Chennai.
2. The revision petitioner herein has contended that there was a family dispute between him and his wife, namely, the respondent herein. The application filed by the petitioner in HMOP No.4132 of 2019 for restitution of conjugal rights was allowed in his favour and the divorce application in HMOP No.3087 of 2021 filed by the wife was dismissed. Aggrieved by the common judgment allowing the petition filed by revision petitioner and dismissing the respondent's petition for divorce, the respondent herein has filed C.M.A. Nos.2364 of 2024 and 2446 of 2024.
3. By a joint compromise memo dated 05.10.2024, the parties have arrived at a consensus that they shall mutually separate from their marriage bondage. Recording the same, a Division Bench of this court has granted a Page 2/10
decree of divorce to the parties vide common judgment dated 22.10.2024. However, DVC No.119 of 2021 was still pending against the petitioner and the petitioner has drawn the attention of this court that as the compromise was effected, there is no relationship as husband and wife between the petitioner and the respondent and that he has also given an affidavit of undertaking in addition to the compromise memo dated 05.10.2024 incorporating certain undertakings by the petitioner such as he will not enter the place of residence and the place of employment of the respondent and he will not disturb the future life of the respondent or her parents and shall communicate with the respondent only through registered post or speed post.
4. The learned counsel appearing for the respondent submitted that since the Joint Memo of Compromise between the petitioner and the respondent was recorded in the common judgment dated 22.10.2024 made in C.M.A. Nos.2364 and 2466 of 2024, quietus was given to the entire issue.
5. The revision petitioner has now filed an Affidavit of Undertaking dated 17.02.2025, duly attested by a Notary. The respondent/wife also concedes that she will not prosecute the DVC No.119 of 2021 pending on the Page 3/10
file of Additional Mahila Court, Egmore, in terms of the joint memo of compromise and the conditions now imposed in the affidavit of undertaking. The present affidavit of undertaking dated 17.02.2025 filed by the revision petitioner is recorded and the proceedings in DVC No.119 of 2021 pending on the file of Additional Mahila court, Egmore, is quashed in the above terms. The scanned reproduction of affidavit of undertaking of the petitioner is given hereunder and the same shall form part of this order. Page 4/10
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6. The civil revision petition is allowed on the above terms. No costs. Consequently, the connected civil miscellaneous petitions are closed. 21.05.2025 Index : Yes / No : Yes / No Asr To The Additional Mahila Court, Egmore, Chennai Page 9/10
N.SENTHILKUMAR , J.
Asr C.R.P. No.4787 of 2023 and C.M.P. Nos.28398 & 28399 of 2023 21.05.2025 Page 10/10