Madras High CourtCRL OP(MD)/18963/2022closed

Nirmala Devi v. Saravanakumar

2024-03-26Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI 1.Nirmala Devi 2.Minor Abijeya (Minor rep.by her mother and natural guardian, firs petitioner herein) ... Petitioners Vs.

Saravanakumar ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the order dated 15.07.2022 passed in Cr.R.P.No.12 of 2021 on the file of the learned Principal Sessions Judge, Dindigul and set aside the same and allow this criminal original petition.

For Petitioners : Mrs.J.Anandhavalli For Respondent : Mr.Ramasiva 1/4

ORDER

This Criminal Original Petition has been filed to set aside the order dated 15.07.2022 passed in Cr.R.P.No.12 of 2021 on the file of the learned Principal Sessions Judge, Dindigul.

2.The brief facts of the case is that the first petitioner and the respondent are wife and husband and they got married on 17.09.2003. Due to the cruelty caused by the respondent, the first petitioner forced to live separately and the girl child is under her care. Therefore, the first petitioner filed a petition for maintenance in M.C.No.1 of 2016 before the learned Judicial Magistrate, Nilakkottai claiming maintenance at Rs.30,000/- per month. The said petition was ordered on 18.12.2020 by fixing Rs.5,000/- to the first petitioner and Rs.10,000/- to the second petitioner, which was challenged by the respondent herein in Cr.R.P.No. 12 of 2021 and the learned Principal Sessions Judge, Dindigul vide order dated 15.07.2022, modified the order by setting aside the order of maintenance granted to the first petitioner. Challenging the same, the present petition has been filed.

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3.Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioners as well as the learned counsel appearing for the respondent submitted that the issue has been amicably settled between the parties and the respondent, in order to show his bona fides, deposited the entire maintenance amount of Rs.6,50,000/- in the name of the daughter. The parties also filed a compromise memo. 3.Recording the same, this criminal original petition is closed. The compromise memo filed by the parties shall form part and parcel of this order.

26.03.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gns To The Principal Sessions Judge, Dindigul 3/4

M.DHANDAPANI ,J.

gns 26.03.2024 4/4