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Madras High CourtCRP(MD)/1744/2024disposed of

A.R.Hamsini v. P.Prasanth Krishna

2024-09-09Honourable Mr Justice G.R.Swaminathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.10069 of 2024 A.R.Hamsini ... Petitioner / Petitioner / Petitioner Vs.

1.P.Prasanth Krishna 2.K.Pannerselvam 3.Mythili ... Respondents / Appellants / Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order dated 20.03.2024 made in C.A.No.21 of 2024 by the VI Additional Sessions Judge, Madurai reversing the order dated 27.10.2023 made in Cr.M.P.No.681 of 2022 in D.V.C.No.23 of 2018 by the Judicial Magistrate, Melur by allowing this civil revision petition and to grant such other reliefs.

For Petitioner : Mr.G.Aravinthan for M/s.Aran Legal Consultancy For Respondents : A.Robinson 1/6

O R D E R

Heard both sides.

2. The petitioner A.R.Hamsini is present in person. She is accompanied by her father Prof.Arunachalam. The first respondent P.Prasanth Krishna is present along with his father Thiru.K.Paneerselvam. The petitioner A.R.Hamsini got married to P.Prasanth Krishna on 13.04.2017 as per Hindu rites and customs. A.R.Hamsini is a dentist by qualification and profession. P.Prasanth Krishna is a mechanical engineer employed in USA. The marriage between the parties was registered on 13.04.2017 in the Sub Registrar Office, Periamet. The parties set up their matrimonial home in Milligan, USA. Unfortunately, strain developed between the two and A.R.Hamsini returned to India. A.R.Hamsini filed H.M.O.P.No.215 of 2018 on the file of the Sub Court, Madurai seeking dissolution of her marriage with P.Prasanth Krishna.

It was transferred to the Sub Court, Melur and renumbered as H.M.O.P.No.47 of 2019. It was once again re-transferred to the III Additional Sub Court, Madurai and re-numbered as H.M.O.P.No.36 of 2021. It was dismissed for non-prosecution. P.Prasanth Krishna filed H.M.O.P.No.3712 of 2022 on the file of the IV Additional Family Court, Chennai seeking dissolution of his marriage with A.R.Hamsini. At the instance of A.R.

Family Court, Madurai and re-numbered as 527 of 2023. In the meanwhile, A.R.Hamsini lodged information before AWPS, Melur and Crime No.21 of 2018 was registered. It culminated in final report and taken on file as C.C.No. 114 of 2020 on the file of the Judicial Magistrate, Melur. To quash the same, Paneerselvam and Mythili have filed Crl.O.P.(MD)No.5626 of 2021. A.R.Hamsini also filed Cr.M.P.No.681 of 2022 on the file of the Judicial Magistrate, Melur seeking relief under the Protection of Women from Domestic Violence Act, 2005. Interim maintenance was ordered. Questioning the same, Prasanth Krishna filed Criminal Appeal No.21 of 2024 before the VI Additional Sessions Judge, Madurai. The order passed by the trial magistrate was reversed. Questioning the same, A.R.Hamsini filed this civil revision petition.

3. When the matter was listed before me, I indicated to the counsel on either side that the issue could be amicably resolved. Pursuant to the request made by the Court, both the parties appeared before me this morning and detailed talks were conducted in my chamber. All the outstanding issues have been settled. A.R.Hamsini and P.Prasanth Krishna are ready to dissolve their marriage by mutual consent.

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4. The marriage between the parties took place in the year 2017. We are now in 2024. More than 7 years have elapsed. For the last six years, the parties are remaining separate. In the criminal case filed by wife, the husband and the father-in-law were arrested. There is no possibility of reunion and in these circumstances, there is no need to prolong the matter. I therefore dispense with the waiting period of six months. Both the parties have endorsed on the Court bundle that they have no claim against each other. A.R.Hamsini is also ready to give her no objection for quashing the criminal proceedings in toto.

5. In this view of the matter, the civil revision petition is disposed of in the following terms:- (I) It is declared that the marriage that was solemnized between A.R.Hamsini and P.Prasanth Krishna on 13.04.2017 and registered as Serial No. 162 /2017 on the file of the SRO, Periamet stands dissolved. (II) A.R.Hamsini has no objection for quashing C.C.No.114 of 2020 on the file of the Judicial Magistrate, Melur in toto. P.Prasanth Krishna can very well implead himself as third petitioner in Crl.O.P.(MD)No.5626 of 2021. (III) Thiru.K.Paneerselvam undertakes to withdraw the RTI application sent by him to the employer of Prof.Arunachalam. 4/6

(IV) The parties have no claim against each other. A.R.Hamsini forgoes her right of maintenance and permanent alimony. (V) The proceedings in D.V.C.No.23 of 2018 on the file of the Judicial Magistrate, Melur stand quashed. The learned Family Court, Madurai is directed to dispose of H.M.O.P.No.527 of 2023 by recording the aforesaid order in this civil revision petition.

6. The Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

09.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No rmi To:

1.The VI Additional Sessions Judge, Madurai.

2.The Judicial Magistrate, Melur 5/6

G.R.SWAMINATHAN, J.

rmi 09.09.2024 6/6