S. Dinesh v. M.C. Abirami

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2024

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR C.R.P.No.104 of 2024 and C.M.P.Nos.510 & 511 of 2024 1.S.Dinesh 2.Senkuttuvan 3.S.Sumathi 4.Suguna ... Petitioners Vs.

M.C.Abhirami ... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records of the case in D.V.C.No.60 of 2023 on the file of the Judicial Magistrate Court-II, Mannargudi and quash the same.

For Petitioners :

Mr.P.Sidharthan For Respondent :

Mr.S.Alagiri

ORDER

The petitioners/respondents filed the civil revision petition to quash the proceedings filed by the respondent in D.V.C.No.60 of 2023 before the learned Judicial Magistrate No.II, Mannargudi. 1/14

2.Gist of the case is that the petitioners are husband, father-in-law, mother-in-law and sister of mother-in-law of the respondent. The marriage between the 1st petitioner and the respondent took place on 21.02.2020 in PSG Mahal, Mannargudi Town. Prior to the marriage, engagement function held. The substantial portion of expenses for both engagement and marriage borne by the respondent's family. During the marriage, gold jewels, silver jewels, household articles and Sreedhana articles presented by the respondent's family. The 1st petitioner is an MBA Graduate, at the time of marriage, he was employed as Senior Executive at Operation Sima Marine Private Limited. Initially, the respondent was working in Lakshmi Vilas Bank and later, in South India Bank as Deputy Manager.

After the marriage, the 1st petitioner and respondent lived as husband and wife at Silent Valley Apartment in Mudichur, Tambaram as joint family along with petitioners 2 & 3. The colleagues of the respondent in connection with her used to call the respondent in her mobile, which was objected by the petitioners. Later the 1st petitioner and the respondent set up a separate family in Moulivakkam, at that time also the relationship between the husband and wife was not cordial.

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3.During the month of February, 2022, the respondent was transferred to a Rural Branch at Nelvayil of Chengalpet District and she stayed in a ladies hostel. During COVID-19 period, the bank where the respondent was working, was functional and she was attending work, which was objected by the petitioners. Later, the 1st petitioner contracted with COVID-19 and he was in isolation. The petitioners accused the respondent and alleged that she is the reason for COVID-19 sufferings of the 1st petitioner. Hence, all the petitioners forced the respondent to resign her job. Infact, her earnings mostly used by the petitioners for all their requirements and needs. The 1st petitioner was not interested in the matrimonial life and he was active in social media (Instagram) with fake ID. Due to which, trust and relationship further got deteriorated. Finally, the 1st petitioner and the respondent got separated.

4.Earlier to it, the 1st petitioner filed divorce petition in H.M.O.P.No.62 of 2020 before the Family Court at Mannargudi which is defended by the respondent. The respondent having no other alternative to protect herself from the harassment and threat, filed domestic violence 3/14

complaint against the petitioners seeking protection, handing back Sridhana articles and sought compensation. Challenging the same, the present civil revision petition filed.

5.Both the learned counsel for the petitioner and the respondent submitted that during the pendency of the above case, both the petitioner and the respondent came to an understanding, resolved the difference and compromise whereby it was agreed that all Sreedhana articles will be handed back to the respondent and any articles which is available with the respondent would be handed back to the 1st petitioner. Further, the 1st petitioner agreed to withdraw divorce petition in H.M.O.P.No.65 of 2020 filed against the respondent. Both parties agreed to file divorce petition by mutual consent under Section 13-B of the Hindu Marriage Act before the concerned Court.

6.Today, both the 1st petitioner and the respondent appeared before this Court and produced memorandum of compromise, dated 05.04.2024 entered between them. The scanned reproduction of the same is as follows: 4/14

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7.As per the memorandum of compromise, they agreed that the relationship had reached a stage where continuation of matrimonial life is not possible, both agreed to part ways for good. Both of them to have their own way of life. As per the memorandum of compromise, the respondent agreed to withdraw the domestic violence complaint in D.V.C.No.60 of 2023 on the file of the Judicial Magistrate Court No.II, Mannargudi on condition that the petitioners adhere to undertaking given in the memorandum of compromise.

8.In the result, the civil revision petition stands allowed quashing the proceedings in D.V.C.No.60 of 2023 on the file of the Judicial Magistrate Court No.II, Mannargudi. The connected miscellaneous petitioners are closed. No costs.

30.04.2024 Speaking Order/Non Speaking Order Index : Yes/No Internet : Yes/No vv2 12/14

To The Judicial Magistrate No.II, Mannargudi.

Note: Issue Order Copy on 03.05.2024.

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M.NIRMAL KUMAR, J.

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