Madras High CourtCRP(MD)/2858/2024disposed of

S.Govindaraj v. Saranya

2025-03-27Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2025

CORAM

THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR C.R.P.(NPD)(MD)No.2858 of 2024 and C.M.P(MD)No.16345 of 2024 S.Govindaraj ...Appellant/Appellant/Husband Vs.

Saranya

...Respondent/Respondent/Wife

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to admit this revision on file, and call for the records in Crl.Appeal No.59 of 2024 on the file of Additional Sessions Judge (Fast Track Mahila Court), Karur, dated 21-09-2024, in confirming the DVC No.13 of 2021 on the file of District Munsif Cum Judicial Magistrate, Aravakurichi, dated 29-01-2024 and set aside the same consequential Directions, by allowing this revision. For Petitioner : Mr.R.Sakthivel For Respondents : Mr.A.M.Senthil Kumar * * * * *

ORDER

The first respondent in D.V.C.No.13 of 2021, on the file of the District Munsif cum Judicial Magistrate Court, Aravakurichi, has filed the present revision petition, challenging the order passed by the Additional Sessions Court(Fast Track Mahila Court), Karur in Crl.Appeal No.59 of 2024, dated 21.09.2024.

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2.Pending revision petition, the parties were referred for Mediation and the parties have entered into an agreement and they have settled the issues and the terms of conditions have also been recorded before the Mediation. 3.Recording the same, this Civil Revision Petition stands disposed of, in terms of the compromise reached between the parties which is extracted as follows:- "A.The Petitioner (husband) and the Respondent (wife) have mutually agreed to settle the matter amicable and in token there all the Respondent (wife) has accepted to receive a sum of Rs.6,30,000/- from the Petitioner (Govindaraj). Out of which, a sum of Rs.1,00,000/- already paid to the Respondent(wife) via D.D bearing No.32644, dated 10.03.2025 and the same was duly acknowledged by the Respondent/wife. B.

The Respondent (wife) in pursuant to the above mutual agreement have agreed to withdraw the following case which has been pending before S.T.C.No.507 of 2024 on the file of Learned District Munsif cum and Judicial Magistrate Court, Aravakurichi, which has been initiated as against the Petitioner/Husband, after receipt of remaining maintaining amount of Rs.5,30,000/- as agreed above.

C.The Respondent (wife) has agreed to accept a sum of Rs.6,30,000/-(Rupees Six lakhs thirty thousand only) towards full compensation and a permanent alimony from the Petitioner/Husband as her whole lifetime.

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D.The Respondent /wife acknowledges that all house hold articles and Sridhana properties and all gold Ornaments belongs to her have already been taken. She confirms that she has no further claim with respect of gold ornaments, household articles, and certificates.

E.Both the parties are agreed to file divorce proceedings by mutual consent and both are agreeing that the same will not be contested.

F.In the above said remaining permanent alimony of sum of Rs.5,30,000/- (Five lakhs and thirty thousand only) will be paid to the Respondent/ wife through D.D. in following time period. (i) (a sum of Rs.1,30,000/- will be payable to the respondent/wife on or before 20.04.2025) (ii) (another that remaining amount of a sum of Rs.4,00,000/- will be payable to the Respondent/wife by two time i.e. at time of filing mutual divorce case before Hon'ble Family Court, at Karur sum of Rs.2,00,000/- and remaining sum of Rs.2,00,000/- will be payable to the respondent/wife while adducing evidence, and simultaneously, in the STC No.507 of 2024 will be withdrawn by the respondent/wife pending before the District Munsif Cum and Judicial magistrate Court, Aravakkuruchi. G. The aforementioned mutual divorce proceeding has to be commenced within a period of 1 months i.e., from the day of receipt of Rs.1,30,000/- (20.04.2025). In addition that petitioner/husband as well as respondent/wife both undertakes to co-operate for speedy disposal of mutual divorce proceedings without any delay.

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H.The Respondent solemnly agrees and undertakes that she shall not initiate any civil, criminal or matrimonial proceedings as against the Petitioner and his family members in future concerning this dispute.

I.In case of any delay on the part of petitioner/husband, the wife/respondent has liberty to proceed with the aforementioned S.T.C.No.507 of 2024 on the file of Hon'ble Judicial Magistrate cum District Munsiff court, Aravakurichi." 4.With the above said observations, this Civil Revision Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is also closed.

27.03.2025 Internet:Yes/No Index:Yes/No RJR To 1.The learned Additional Sessions Judge (Fast Track Mahila Court), Karur.

2.The learned District Munsif Cum Judicial Magistrate, Aravakurichi. Copy to:- The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR , J.

RJR C.R.P.(NPD)(MD)No.2858 of 2024 27.03.2025 5/5