Madras High CourtCRP(MD)/2012/2024disposed of

K.Vinothkumar v. E.Vinotha

2024-09-25Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.09.2024

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and C.M.P.(MD)No.11454 of 2024 K.Vinoth Kumar ... Petitioner Vs.

E.Vinotha ... Respondent PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, against the order, dated 13.02.2024, passed in I.A.No.1 of 2023 in H.M.O.P.No.50 of 2023 on the file of the Sub Court, Melur. For Petitioners : Mr.S.Vellaichamy For Respondent : M/s.B.Bhuvaneshvari for M/s.Ganesh Legist Law Firm *****

ORDER

The H.M.O.P.No.50 of 2023 was filed for restitution by the husband. In the said HMOP petition, the wife had filed an interlocutory application in I.A.No.1 of 1/4

2023 for maintenance and the same was allowed directing the husband to pay Rs. 40,000/- per month for the wife and the child. However, the husband had failed to pay the same. Since the maintenance was not paid the Court had dismissed the H.M.O.P.No.50 of 2023 filed by the husband. Aggrieved over the order passed in I.A.No.1 of 2023, the present civil revision petition is filed by the husband.

2. In order to settle the issue the parties were directed to ascertain the possibilities of compromise. After negotiation the parties have entered into a compromise and have filed a joint compromise memo wherein the parties have agreed to file a formal petition for consent divorce before the appropriate Court. The husband had agreed to pay maintenance to the wife and his autism son as full and final settlement to the tune of Rs.10,00,000/- and the same is agreed by the wife. The 1st instalment is payable on or before 21.10.2024, the 2nd instalment is payable on or before 21.11.2024, the 3rd instalment is payable on or before 23.12.2024 and the 4th instalment is payable on or before 21.01.2025. The same is recorded. The joint compromise memo shall form part and parcel of the judgment and decree. If there is any default, the wife is at liberty to approach this Court. 2/4

3. Therefore, the civil revision petition is disposed of based on the terms of joint compromise memo. No costs. Consequently, connected miscellaneous petition is closed.

25.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To 1.Sub Court, Melur.

2.The Section Officer, Vernacular Record Section, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY, J.

Tmg 25.09.2024 4/4