Sivaramakrishnan v. Yuvarani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25.08.2023

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.RC(MD)No.641 of 2023 and Cr.MP(MD)No.9026 of 2023 Sivaramakrishnan ... Petitioner/Respondent Vs.

Yuvarani ... Respondent/Petitioner PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records in pertaining to the order of the learned Judicial Magistrate No.I, Kulithalai, dated 23.09.2022, made in M.C.No.5 of 2020, set aside the same by allowing this revision.

For Petitioner : Mr.K.Arunraj For Respondent : Mr.M.Karunanidhi

ORDER

The husband/petitioner filed this revision challenging the maintenance order granted in favour of his wife/respondent herein in M.C.No.5 of 2020 on the file of the Judicial Magistrate No.I, Kulithalai, dated 23.09.2022.

2. The petitioner married the respondent on 30.01.2020. Within one month from the date of marriage, there was discard between them. Hence, the respondent left the matrimonial home and staying with her parents. She also 1/8

made a complaint against the petitioner and his family members before the All Women Police Station, Musiri. The same was registered in Crime No.23 of 2020 for the offence under Sections 294(b), 498(A) of IPC and Section 4 of Dowry Prohibition Act. He filed a divorce petition in HMOP.No.478 of 2020 before the Principal Sub Court, Trichy. In the said circumstances, without any income to meet out her livelihood, the respondent filed the maintenance claim in M.C.No.5 of 2020 on the file of the learned Judicial Magistrate, Kulithalai, by claiming monthly maintenance of Rs.25,000/-.

3. The learned Judicial Magistrate after hearing the parties and on the basis of the evidence adduced before him, granted maintenance of Rs.15,000/- per month. Challenging the same, the petitioner filed this Revision.

4. Today (25.08.2023), when the matter is taken up for hearing, both counsel on record would submit that this Court referred the matter to mediation by the order dated 30.06.2023 and they have settled the matter before the Mediation and Conciliation Centre attached to this Bench. They also entered into the settlement agreement dated 19.07.2023 and the terms of above said settlement agreement are as follows:- 2/8

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5. In view of the above compromise and the permenant alimony of Rs.14 lakhs also received by the respondent by way of D.D.No.557279, this Court is inclined to set aside the impugned order passed by the learned trial Judge.

6. Accordingly, the impugned order passed by the learned Judicial Magistrate No.I, Kulithalai, in M.C.No.5 of 2020, dated 23.09.2022, is hereby set aside and the Criminal Revision Case stands allowed. Consequently, the connected miscellaneous petition is closed.

25.08.2023 NCC : Yes/No Index : Yes/No Internet: Yes/No dss Note : Issue order copy on 21.12.2023 6/8

To 1.The Judicial Magistrate No.I, Kulithalai.

2. The Section Officer, Criminal Records, Madurai Bench of Madras High Court, Madurai.

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K.K.RAMAKRISHNAN, J.

dss Crl.RC(MD)No.641 of 2023 and Cr.MP(MD)No.9026 of 2023 25.08.2023 8/8