O.Sharma Srinivasan v. Nagananthini

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.R.C.(MD) No.128 of 2017 and Crl.M.P.(MD) No.7201 of 2017 O.Sharma Srinivasan ... Petitioner / Appellant vs.

Nagananthini ... Respondent / Respondent PRAYER: Criminal revision filed, under Section 401 Cr.P.C., to set aside the order, dated 30.11.2016, made in C.A.No.70 of 2016, on the file of the Fast Track Mahila Court at Karur, partly confirming the order dated 09.09.2016 made in M.C.No.9 of 2013, on the file of the learned Judicial Magistrate No.II, Kulithalai. For Petitioner :

Mr.R.Ramanlal For Respondent :

Mr.J.Sivaram

O R D E R

Sharma Srinivasan and Nagananthini got married on 20.02.2011 and through the wedlock, they have one child - Kanimozhi. On account of matrimonial discord, the spouses got estranged and Nagananthini initiated proceedings in M.C.No.9 of 2013, before the learned Judicial Magistrate No.II, Kulithalai, under the Domestic Violence Act, against her husband - Sharma Srinivasan and his parents. After full-fledged trial, the learned Judicial Magistrate No.II, Kulithalai, passed a final order dated 09.09.2016, directing Sharma Srinivasan to pay a sum of Rs.3,000/- per month to Nagananthini and Rs.2,000/- per month to Kanimozhi (child). Challenging the said order, Sharma Srinivasan preferred an appeal in C.A.No.70 of 2016, before the learned Sessions Judge, Fast Track Mahila Court, Karur, who by Judgment dated 30.11.2016, modified the maintenance amount and reduced it from Rs.5,000/- to Rs.3,000/-. Being not satisfied with the said modification, Sharma Srinivasan has filed the present revision.

2. Heard Mr.R.Ramanlal, learned counsel for Sharma Srinivasan and Mr.J.Sivaram, learned counsel for Nagananthini.

3. During the pendency of this revision, it appears that the parties have arrived at a compromise and the terms of which has been set out in the Memo of Compromise, dated 10.01.2018, which are extracted hereunder:

"3.It is humbly submitted that on the advice of elders and well wishers, the parties have decided to part ways and accordingly the parties have arrived at settlement. On pursuance of the settlement, the petitioner has agreed to pay a sum of Rs.2.5 lakhs in one lumpsum excluding the amount deposited before the Judicial Magistrate No.II, Kulithalai. The respondent on behalf of her and the child, the respondent agreed to receive the same as full and final settlement. 4.It is humbly submitted that the petitioner has already initiated divorce proceedings in HMOP No.87 of 2017 on the file of Sub Court, Kulithalai and the respondent has no objection to allow the said petition for divorce.

5.The petitioner undertakes to return all the household articles to the respondent.

The respondent already received back all her jewels and there is no mutual claim against each other. The lumpsum amount has been received by the respondent on her behalf and also on behalf of the minor child and the respondent has no further claim with the petitioner. The petitioner has no objection for the respondent to withdraw the sum of Rs.66,000/- deposited in MC No.9/2013 on the file of the Judicial Magistrate No.II, Kulithalai. Both the petitioner and the respondent have this amicably settled the issues and have no claim against each other.

Therefore, it is prayed by petitioner and respondent jointly that this Hon'ble Court may be pleased to record this memo and set aside the order in C.A.No.70 of 2016 on the file of the Fast Track Magistrate Court at Karur and thus render justice."

4. Today, both Sharma Srinivasan and Nagananthini are present. Nagananthini stated that she has received two Demand Drafts bearing Nos.385917, dated 12.12.2017, drawn on Indian Bank, High Court Branch, Madurai, for Rs.1,35,000 and 532612, dated 02.01.2018, drawn on Union Bank of India, Cantonment Branch, Trichy, for Rs.1,15,000/- and she has also produced a photocopy of the Demand Drafts.

5. In such view of the matter, i. The criminal revision is allowed.

ii. The Judgment, dated 30.11.2016, passed in C.A.No.70 of 2016, by the learned Sessions Judge, Fast Track Mahila Court, Karur and the Order dated 09.09.2016, passed in M.C.No.9 of 2013, on the file of the learned Judicial Magistrate No.II, Kulithalai, are hereby set aside.

iii.The Compromise Memo, dated 10.01.2018, shall form part of this order.

iv. The learned Judicial Magistrate No.II, Kulithalai, is directed to disburse the sum of Rs.66,000/- deposited by Sharma Srinivasan, vide receipt No.487091, dated 17.03.2017, to Nagananthini forthwith.

v.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To:

1.The Sessions Judge, Fast Track Mahila Court, Karur.

2.The Judicial Magistrate No.II, Kulithalai.

+1cc to M/S.R.Ramanlal, Advocate SR.No. 41292 +1cc to M/S.J.Sivaram, Advocate SR.No. 42071 Crl.R.C.(MD) No.128 of 2017 and Crl.M.P.(MD) No.7201 of 2017 10.01.2018 KRK JM/SV MMS/SAR 2/24.01.2018/3P/5C