Manonmani Gayathri, v. S.Gauthaman,

Crl.M.P(MD)No.11725 of 2017 in Crl.O.P(MD)No.23926 of 2016 N.ANAND VENKATESH,J.

The parties are present before this Court today (01.10.2018). This Court enquired the parties in order to ascertain whether the parties will be able to join together and live a peaceful matrimonial life. On examination of the parties, it is seen that the parties are not able to reconcile. There is no meeting point in order to start another mediation process.

2.It is seen that the petitioner was facing investigation in Crime No.2 of 2016, before the respondent police and also proceedings in D.V.O.P.No.58 of 2016, before the learned Judicial Magistrate, Additional Mahila Court, Madurai. 3.Crl.O.P.(MD).No.23926 of 2016 was filed before this Court, challenging the F.I.R, in Crime No.2 of 2016. During the pendency of this Criminal Original Petition, the parties entered into a compromise and based on the compromise, an order was passed by this Court on 02.01.2017, quashing the proceedings. Immediately, thereafter, on 03.04.2017, the petitioner has filed O.S.No.8 of 2017 before the Family Court, Salem, seeking for dissolution the marriage with the respondent. At that point of time, the present petition was filed before this Court with a prayer to re-call the order dated 02.01.

2017, on the ground that the petitioner made the wife to withdraw the proceedings by making her believe that the petitioner is going to live with her. Thereafter, the suit was filed to dissolve the marriage.

enter into a compromise and thereafter, taking advantage of the closure of the proceedings pending against the husband, the respondent has gone ahead and filed suit before the appropriate court to dissolve the marriage. Therefore, the petitioner in this petition has sought for re-calling the order. 4.The learned counsel for the husband/ first respondent would submit that the husband has withdrawn the suit in O.S.No.8 of 2017, on the file of the Family Court, Salem, and an attempt can be made to compromise the dispute between the parties.

5. However, in view of the attitude of the parties, this Court is of the considered view that no useful purpose will be served in referring the parties again for mediation.

6.In the facts and circumstances of the case, the order passed by this Court dated 02.01.2017, regarding the compromise and closing the proceedings in Crime No. 2 of 2016 and D.V.O.P.No.58 of 2016, is hereby re-called. The proceedings in D.V.O.P.No.58 of 2016 and in Crime No.2 of 2016 shall stand revived and the parties shall proceed with the cases in accordance with law.

7.It is made clear that in view of the subsequent development, it is open to the respondent/husband to proceed further to workout his remedy insofar as the dissolution of the marriage is concerned in accordance with law. The withdrawal of the suit in O.S.No.8 of 2017 on the file of the Family Court, Salem will not stand in the way of the respondent/husband to workout his remedy.

01.10.2018 das

N.ANAND VENKATESH,J.

das Crl.M.P(MD)No.11725 of 2017 in Crl.O.P(MD)No.23926 of 2016 01.10.2018