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Ramesh Kumar, v. Kavitha,

ALLOWED
Court
High Court of Madras
Decided
9 June 2023
Bench
G.R.Swaminathanauthor
Case no.
REV.APLC(MD) 33/2023

Judgment

ORDER The petitioner herein filed C.M.S.A.No.18 of 2017. But the same was dismissed by me on 01.11.2018. This application has been filed seeking review of the said order. in

¶2During pendency of the review petition, the parties have entered into settlement. The parties are present and they have been duly identified by their respective counsel. The joint compromise memo signed by both of them has been filed before this Court and it is taken on record. In view of the understanding arrived at between the parties, this review application is disposed of in the following terms:-

(I) The appellant herein withdraws the allegation made against the respondent. The marriage that was solemnized between the petitioner and the respondent herein on 18.02.2010 at Sri Ram Lakshmi Mahal, Virudhunagar stands disssolved. The petitioner as the biological father of the child R.Vinesh Kumaran shall extend his moral assistance and cooperation to facilitate the career of the child.

(II) The petitioner had suffered conviction in C.C.No.65 of 2013 on the file of the Judicial Magistrate No.II, Virudhunagar.. The petitioner has filed C.A.No.5 of 2019 on the file of the District Court, Srivilliputhur. The respondent has no objection for the appellate court to allow C.A.No.5 of 2019. The learned Judge, Srivilliputhur can act on the strength of this order without insisting in on the physical presence of the respondent herein.

(III) The respondent undertakes to withdraw C.C.No.96 of 2017 on the file of the Judicial Magistrate No.II, Virudhunagar. Since the parties have resolved their outstanding differences, it would be an abuse of process to continue the prosecution in C.C.No.96 of 2017 on the file of the Judicial Magistrate No.II, Virudhunagar. The said proceedings stand quashed. The joint compromise memo shall form part of this order.

¶3The Review Application is allowed on these terms.

09.06.2023 Index : Yes/No Internet : Yes/No rmi NOTE:Registry is directed to communicate the copy of the order to the Judicial Magistrate No.II, Virudhunagar.

Issue Order Copy on 20.06.2023

Rev.Apl.C(MD)No.33oofo2023 in C.M.S.A.(Mi)No.18oofo2017 G.R.SWAMINATHAN,oJ. rmi Rev.Apl.C(MD)No.33oofo2023 in C.M.S.A.(MD)No.18oofo2017

09.06.2023

Case details

Parties and counsel

in BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.06.2023 CORAM: THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN in L.Rameshkumar ... Petitioner Vs. Kavitha ... Respondent PRAYER: Petition filed under Order 47 Rule 1 r/w Section 114 of C.P.C., praying to review the order C.M.S.A.(MD)No.18 of 2017, on 01.11.2018 and allow CMSA. For Petitioner : Mr.M.Karthikeyavenkitachalapathy For Respondents : Mr.P.Mahendran

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.