← Library
Madras High CourtCRP(MD)/3902/2025closed

Kathijabeevi v. Fathma Begam (Minor)

2026-01-21Honourable Mr.Justice N.Senthilkumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2026 C O R A M THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR C.R.P. (MD) No.3902 of 2025 Kathijabeevi ... Petitioner Vs.

1.Fathima Begam (Minor), Through Mother and Natural Guardian, Benazir Begam 2.M.Sabiya Ammal 3.M.Janathbeevi 4.N.Mohamed Ali Jinnah 5.Rasiamma 6.Habibi 7.Samim 8.M.Mumtaj 9.Gopi 10.R.Muthu Mari 11.G.Saravana 12.Kamurunisha ... Respondents 1/5

PRAYER: Petition filed under Article 227 of the Constitution of India to direct the Principal District Court, Dindigul, to dispose of the Interim Application in I.A.No.3 of 2025 in O.S.No.116 of 2023 pending on the file of the Additional District Court, Dindigul within the time that may be stipulated by this Court. For Petitioner : M/s.H.Jasima Yasmin for M/s.Ajmal Associates For Respondents 2, 3, 6, 7, 11 and 12 : No representation For Respondents 4, 5 and 8 : Mr.A.Rajasekaran For Respondents 9 and 10 : Mr.M.A.Raffiqahamed For Respondent 11 : Mr.J.Maria Nelson

ORDER

This Civil Revision Petition has been filed seeking a direction to the Principal District Court, Dindigul, to dispose of the Interim Application in I.A.No.3 of 2025 in O.S.No.116 of 2023, pending on the file of the Additional District Court, Dindigul, within a time frame to be stipulated by this Court.

2. Pursuant to the order passed by this Court dated 05.01.2026, a report has been received from the learned Additional District Judge, Dindigul, in D.No.58/2026 dated 19.01.2026, regarding the pendency of cases. The said 2/5

report reveals that the matter was referred to mediation and that the dispute was settled between the parties before the Mediation Centre and the mediation report was received by the trial Court on 09.10.2025. Further, I.A.No.2 of 2025 was filed under Order XXXII Rule 2 of the Code of Civil Procedure, seeking appointment of a guardian in respect of the minor daughter and the same is also pending enquiry. I.A.No.3 of 2025 was filed by a third party to the suit to implead him as a party to the suit under Order I Rule 10(2) of the Code of Civil Procedure and the same is pending.

3. However, the mother of the first respondent appeared before this Court in person contended that she has been abandoned by her husband. It is submitted that the first respondent is the daughter of one Shahul Hameed, whose mother is a party to the suit and that they had entered into a mediation settlement. The first respondent's mother, appearing as party in person, further contended that her husband, Shahul Hameed, has failed to take care of her and her minor daughter, Fathima Begam, aged about 17 years. She further submitted that an order has been passed in her favour by the learned Judicial Magistrate No.I, Udumalaipettai, in D.V.C.No.4 of 2022 dated 04.07.2023, directing the first respondent therein to pay a sum of Rs.10,00,000/- towards mental agony, Rs.10,000/- per month towards monthly expenses and 3/5

Rs.60,000/- per year towards educational expenses of the minor daughter. It is also noted that the learned Judicial Magistrate (Additional Family Judge), Dindigul, in C.C.No.484 of 2014, acquitted the first respondent therein/father of the minor, on the ground that the prosecution had not proved the case beyond reasonable doubt.

4. These facts are not relevant for the adjudication of the present Civil Revision Petition. Since the entire dispute has been settled before the Mediation Centre, nothing survives for further adjudication in the suit. However, I.A.Nos.2 and 3 of 2025 are still pending before the trial Court, even though the suit itself stands settled through mediation, the trial Court is directed to conclude the said interlocutory applications within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, this Civil Revision Petition is disposed of. No costs.

21.01.2026 Index : Yes/No NCC : Yes/No Indu Note: Issue order copy on 03.02.2026.

4/5

N.SENTHILKUMAR, J.

Indu To:- 1.The Additional District Court, Dindigul.

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

21.01.2026 5/5