Madras High CourtCRL RC(MD)/240/2018disposed of

N. Krishnamani v. K. Shanthi

2021-04-30Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BAIL SLIP N.Krishnamani, S/o. Narasingaperumal, Male, age about 53 years/2018 (Sole Accused) is released on bail vide Court Order date 20.04.2018 made in CRL MP(MD).No.3117 of 2018 in CRL RC(MD).No.240 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.04.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.R.C(MD)No.240 of 2018 N.Krishnamani : Petitioner/Respondent/ Respondent Vs.

K.Shanthi : Respondent/Petitioner/ Petitioner Prayer Criminal Revision has been filed under Section 397 r/w 401 of the Criminal Procedure Code, against the order passed by the Family Court, Madurai, in Crl.MP No.29 of 2017 in MC No.105 of 2015, dated 19.02.2017.

For Revision Petitioner : Mr.M.Gururaj For Respondent : Mrs.S.Prabha for Mr.A.Banumathy

J U D G M E N T

This Criminal Revision is directed against the order passed by the Family Court, Madurai, in Crl.MP No.29 of 2017 in MC No.105 of 2015, dated 19.02.2017.

2.The facts of the case is that the marriage between the petitioner/husband and the respondent/wife was solemnized on 01.09.2013 at Thirumangalam. Due to matrimonial tiff, they were living separately. The petitioner/husband filed HMOP No.413 of 2014 for divorce before the Sub Court, Thirumangalam. Subsequently, the respondent/wife filed MC No.105 of 2015 before the Family Court, Madurai, seeking maintenance of Rs.12,000/- per month. The Family Court, Madurai, by order, dated 09.11.2016, allowed the Maintenance Case and directed the respondent therein to pay a sum of Rs.3,000/- per month towards maintenance. Since, the respondent in the maintenance case has not paid any amount, the petitioner/wife filed Cr.M.P.No.29 of 2017 seeking a direction to the respondent to pay the maintenance amount of Rs.54,000/- from 14.07.2015 to 13.01.

2017 for 18 months. The said petition was allowed on 19.02.2018 and since the respondent is not willing to pay the arrears of maintenance amount, he is ordered to undergo simple imprisonment of 18 months towards non-payment of Rs.

further, the respondent is ordered to be released , if the entire arrears of maintenance amount of Rs.54,000/- is paid. Challenging the same, the petitioner/husband is before this court. 3.On 10.02.2021, when the matter is taken up for hearing, the learned counsel appearing on either side made a request to refer the matter to the Mediation and Conciliation Centre, attached to this Bench for settlement. On 22.02.2021, both the parties appeared before the Mediation and Conciliation Centre, attached to this Bench and they have settled their dispute between them amicably and a Settlement Agreement was also entered into between the parties and the petitioner/husband agreed to pay Rs.70,000/- to the respondent/wife towards compensation.

4.When the matter is taken up for hearing on 29.04.2021, the learned counsel appearing for the petitioner/husband filed a memo stating that as per the settlement agreement entered into between the petitioner and the respondent, the petitioner has paid Rs.70,000/- to the respondent by way of cash as one time alimony settlement and he has also filed a memo to that effect, which would run thus:- "The petitioner herein had paid a sum of Rs.70,000/- to the respondent herein by way of cash as a one time alimony settlement and it is accepted by the respondent not to proceed further regarding the MC No.105 of 2015 on the file of the Family Court, Madurai and as per the terms of agreement, it is accepted by both the parties to file a Divorce by Mutual Consent before the Family Court, Madurai.

5.The learned counsel appearing for the respondent/wife has conceded the above fact.

6.Keeping in view of the above and now, the matter has been amicably settled between the parties, this Criminal Revision is disposed of in terms of the settlement arrived at between the parties. In consequence thereof, the entire proceedings in respect of MC No.105 of 2015 on the file of the Family Court, Madurai, is hereby closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) er

Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To, 1.The Judge, The Family Court, Madurai.

2. The Superintendent, Central Prison, Madurai.

Copy to The Records keeper, Criminal Section(Records)(2C) Madurai Bench of Madras High Court, Madurai Crl.R.C(MD)No.240 of 2018 30.04.2021 NS(CO) KB(08.07.2021) 3P 5C