Madras High CourtCRL RC(MD)/171/2017dismissed as withdrawal

Sankar, v. Mari @ Revathi,

2021-08-06Honourable Mr Justice R. Pongiappan2 pages

Crl.R.C(MD)No.171 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.R.C.(MD)No.171 of 2017 Sankar : Petitioner/Respondent Vs.

Mari @ Revathi : Respondent/Petitioner PRAYER: The Criminal Revision Petition is filed under Section 19(4) of Family Courts Act, 1984 R/w 397 and 401 of the Code of Criminal Procedure, to call for the records pertaining to the order of the Learned District Family Court, Tirunelveli in M.C.No.50 of 2016, dated 14.12.2016 and set aside.

For Petitioner : Mr.J.Ashok For Respondent : Mr.G.Karuppasamy Pandian

ORDER

The respondent in M.C.No.50 of 2016 on the file of the Family Court, Tirunelveli, has preferred the Criminal Revision Case, challenging the order, dated 14.12.2016 in the above referred case.

2. Before the trial Court, the respondent, in this Criminal Revision Case, filed a petition against the revision petitioner under Section 125 of the Code of Criminal Procedure praying for a direction, directing the revision petitioner to pay a sum of Rs.10,000/- per month for maintenance. The learned Judge, Family Court, Tirunelveli, by order, dated 14.12.2016 allowed the application filed by the respondent and directed the revision petitioner to pay a sum of Rs.10,000/- per month as maintenance. Challenging the same, the petitioner is before this Court.

3. Today, when this Criminal Revision Case is taken up for hearing, the learned counsel appearing for the revision petitioner is appeared before this Court through Video Conferencing. He would submit that due to the efforts made by the elder members of the family, the dispute between the revision petitioner and the respondent has been settled and thereby, lump sum payment was given to the respondent as a permanent alimony. He would further submit that when at the time of entering into compromise the petitioner is permitted the respondent to take Rs.15,000/- lying in the court deposit, as per the direction of this Court, dated 23.02.2017 towards the part of permanent alimony.

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Crl.R.C(MD)No.171 of 2017

4. In this regard, on behalf of the revision petitioner, the learned counsel appearing on behalf of the revision petitioner filed a memo, dated 06.08.2021. The memo filed by the revision petitioner is recorded. Hence, in view of the terms of compromise, the respondent in this Criminal Revision Case is permitted to withdraw Rs.15,000/- which is lying in the Court deposit as above, by filing appropriate application before the learned Judge, Family Court, Tirunelveli. If such application is filed, the learned Judge, Family Court, Tirunelveli, is directed to pass appropriate orders and disburse the said sum of Rs.15,000/- to the respondent.

5. Hence, in view of the above, the petitioner is permitted to withdraw the Criminal Revision Case and accordingly, this Criminal Revision Case is dismissed as withdrawn. Sd/- Assistant Registrar (ADII) // True Copy // / /2021 Sub Assistant Registrar(CS) am To The Judge The District Family Court, Tirunelveli.

Crl.R.C.(MD)No.171 of 2017 06.08.2021 ES(CO) KB(16.08.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2