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Arunachalam vs Delli Rani @ Suganthi

Madras High Court|20 November, 2017

JUDGMENT / ORDER

The respondent/wife filed STC No.1146 of 2008, before the learned Judicial Magistrate No.I, Thanjavur, under Sections 19(8), 20 and 22 of Protection of Women from Domestic Violence Act 2005, seeking for a direction to the petitioner/ husband to return the seedhana articles, to pay a sum of Rs.5,000/- towards monthly maintenance and a sum of Rs.10,00,000/- towards compensation for the cruelty, mental agony and also for the loss of family life faced by the respondent.
2.The learned Judicial Magistrate, after hearing both sides and perusing the oral and documentary evidence, by judgment dated 14.08.2008, directed the petitioner/ husband to pay a sum of Rs.5,000/- (Rupees. Five Thousand only) towards monthly maintenance and to pay a sum of Rs.1,50,000/- (Rupees. One lakh and Fifty Thousand only) towards compensation for the loss of consortium and to return seethana articles to the respondent/wife.
3.Aggrieved over the same, the petitioner/husband had preferred an Appeal before the learned Additional District Sessions Judge (EC Court), Thanjavur, and the learned Appellate Judge by judgment dated 25.09.2009, had confirmed the compensation amount of Rs.1,50,000/-, however modified the monthly maintenance from Rs.5,000/- to Rs.4,000/-. Challenging the same, the petitioner/ husband has filed this revision.
4.When the matter was taken up for hearing on 17.11.2017, there was no representation for the revision petitioner/husband. The learned counsel appearing for the respondent/wife submitted that the matter has been settled between the parties and that they are living together. Since, there was no representation for the petitioner, the matter was listed today (i.e.20.11.2017) under the caption ?For Dismissal?. Even, today (i.e.20.11.2017) when the matter was taken up for hearing, none appeared on behalf of the petitioner/husband. The learned counsel for the respondent reiterated that the matter has been settled.
5.In such circumstances, this Court finds that in view of the settlement between the parties the revision petitioner is not interested in prosecuting the matter. This Court has no other option except to dismiss the revision for non-prosecution. Accordingly, the criminal revision petition is dismissed. Consequently, connected Miscellaneous Petition is closed.
To:
1.The Additional District Sessions Judge (EC Court), Thanjavur.
2.The Judicial Magistrate No.I, Thanjavur.
.
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Title

Arunachalam vs Delli Rani @ Suganthi

Court

Madras High Court

JudgmentDate
20 November, 2017