Martin Jones Palk v. Saleth Josephine

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2024

CORAM

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and Crl.M.P(MD)No.2785 of 2024 Martin Jones Palk

...Petitioner

Vs.

1.Saleth Josephine 2.Minor Ben Timothy (Minor rep. by his mother /natural guardian the 1st respondent Mrs.Saleth Josephine)

...Respondents

PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records in pertaining to the order 1/9

of the learned Judge, Family Court, Tiruchirappalli, dated 20.04.2023, passed in M.C.No.84 of 2018 and set aside the same by allowing this Criminal Revision.

For Petitioner : Mr.M.Dinesh Hari Sudarsan For Respondent : Mr.R.Venkatesan

ORDER

The husband/petitioner filed this Criminal Revision challenging the maintenance order granted in favour of his wife and son/respondents herein in M.C.No.84 of 2018 on the file of the Family Court, Tiruchirappalli, dated 20.04.2023.

2. The petitioner married the first respondent on 26.01.2011. Out of the wedlock, the second respondent was born on 09.12.2011. Due to matrimonial dispute between them, the petitioner filed divorce petition in D.O.P.No.47 of 2016 before the III Additional District Court, Tirunelveli and divorce was granted in his favour vide order 2/9

dated 26.10.2016. After the said divorce, the petitioner married another woman. In the said circumstances, in order to disturb the petitioner, the first respondent filed maintenance case in M.C.No.84 of 2018 on the file of the learned Judge, Family Court, Tiruchirappalli, by claiming monthly maintenance of Rs.10,000/- each.

3. The learned Judge, after hearing the parties and on the basis of the evidence adduced before him, granted maintenance of Rs.3,000/- per month to each respondent. Challenging the same, the petitioner has filed this Criminal Revision.

4. Today (06.03.2024), when the matter is taken up for admission, both counsel on record would submit that this Court referred the matter to mediation vide order, dated 11.01.2024 at the SR stage itself and they have settled the matter before the Mediation and Conciliation Centre attached to this Bench. They have also entered into a settlement agreement, dated 13.02.2024 and the terms of above said settlement agreement are as follows:- 3/9

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5. In view of the settlement arrived at between the parties and the amount of permanent alimony received by the respondents to the tune of Rs.8,50,000/- (Rupees Eight Lakhs and Fifty Thousand only) by way of cash and demand draft, this Court is inclined to set aside the impugned order passed by the learned Judge, Family Court, Tiruchirappalli.

6. Accordingly, the impugned order passed by the learned learned Judge, Family Court, Tiruchirappalli, in M.C.No.84 of 2018, dated 20.04.2023, is hereby set aside and the Criminal Revision Case stands allowed. The Settlement Agreement, dated 13.02.2024, is recorded and the same shall form part of this order. Consequently, connected miscellaneous petition is closed.

06.03.2024 Index : Yes/No Internet : Yes/No NCC : Yes / No RM 7/9

To The Judge, Family Court, Tiruchirappalli, 8/9

VIVEK KUMAR SINGH, J.

RM Crl.R.C.(MD) No.246 of 2024 06.03.2024 9/9