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2019 Supreme(Mad) 3363

IN THE HIGH COURT OF MADRAS (MADURAI BENCH)
N. ANAND VENKATESH, J.
Girish M. Kataria – Appellant
Versus
Deepa – Respondent
Crl. O.P.(MD) Nos. 11887, 3129 of 2017 and Crl. M.P. (MD) Nos. 8177, 8178 and 2376 of 2017
Decided On : 24-10-2019

Advocates:
Advocate Appeared:
For the Appellant : K. Rajeswaran for P. Babu
For the Respondents: C. Dhanaseelan

Headnote:

Protection of Women from Domestic Violence Act, 2005 - Sections 18, 19 and 20 - Domestic Violence Act - Matrimonial dispute - Divorce proceedings - Memorandum of settlement -Seeking to quash of proceedings - Settlement between parties, marriage was dissolved by decree, in terms of memorandum of settlement - As per memorandum of settlement, respondent received amount both towards her maintenance and maintenance of her minor child and she was taking care of her minor child and was providing with education - Nearly after seven years, respondent proceeded to file a petition under Domestic Violence Act against all the petitioners, seeking for the relief under Sections 18, 19 and 20 of Act, 2005 - Held, Court view that Domestic Violence Petition that has been filed by the respondent as against husband can be maintained for relief of deciding the educational expenses that has to be provided to minor son by father viz., petitioner in Crl.O.P.(MD) and matter has to be decided by Court below. This will of course confine itself only to the educational expenses till boy became a major - Maintenance that has been sought for by respondent for herself under various heads is not maintainable - In result, the proceedings in D.V.C, before Court below, is quashed insofar as mother-in-law and sister-in-law are concerned - Insofar as husband is concerned, the Court below is directed to decide only with regard to educational expenses incurred by respondent towards her son - Crl.O.P.(MD)is hereby allowed

ORDER :

N. Anand Venkatesh, J.

1. The present petitions have been filed by the husband, mother-in-law and sister-in-law of the respondent, seeking to quash the proceedings initiated under the Domestic Violence Act.

2. It is seen from the records that the respondent was married to the petitioner in Crl.O.P.(MD). No. 11887 of 2017, in the year 1995 and there is also a male child out of the said wedlock. There was a matrimonial dispute, which resulted in divorce proceedings initiated by the petitioner in Crl.O.P.(MD). No. 11887 of 2017, against the respondent before the learned 1st Additional Principal Judge, Family Court, Bangalore in M.C. No. 933 of 2000. During the pendency of the petition, the parties reached a settlement. The relevant portions of the settlement reached between the parties is extracted hereunder:-

    "1. The petitioner and the respondent submit that their marriage was solemnized on 10.05.1995 at Mumbai. Due to irreconcilable differences and incompatibility of temperaments, the petitioner and the respondent have been living separately since 10 years. The marriage between them has been broken irretrievably. There is absolutely no chance of reunion amongst themselves. Hence the petitioner and the respondent have decided to get the marriage between them dissolved by a decree of divorce.

2. From the wedlock of the parties herein, a male child by name Chirag G. Kataria was born on 04.08.1996. Both the parties agree that Chirag G. Kataria will be in the custody of the respondent.

3. The petitioner has agreed to pay a sum of Rs. 15,00,00/- (Rupees Fifteen Lakhs only) towards full and final settlement of permanent alimony of respondent and minor child Chirag G. Kataria. The said amount will be paid before the Hon'ble Court by way of Demand Draft drawn on Union Bank of India in favour of Smt. Deepa G. Kataria @ R. Vasanthi on 24.04.2009. The respondent accepts the said of Rs. 15,00,00/- (Rupees Fifteen Lakhs only) towards full and final settlement of permanent alimony of her and her minor child Chirag G. Kataria.

4. The respondent undertakes to withdraw the Execution Petition No. 115 of 2007, filed by her. The claim of the said Execution Petition is satisfied by payment of the aforesaid sum of Rs. 15,00,000/- (Rupees Fifteen Lakhs only)

5. Both the parties agree that there will be no further claims whatsoever against each other in future.

6. The respondent further agrees not to make any claims whatsoever, both moveable and immovable on behalf of the child in future."

3. Pursuant to the above settlement between the parties, the marriage was dissolved by the decree dated 24.04.2009, in terms of the memorandum of settlement. As per the memorandum of settlement, the respondent received a sum of Rs. 15,00,000/- (Rupees Fifteen Lakhs only) both towards her maintenance and maintenance of her minor child and she was taking care of her minor child and was providing with the education.

4. Nearly after seven years, the respondent proceeded to file a petition under the Domestic Violence Act against all the petitioners, seeking for the relief under Sections 18, 19 and 20 of the Protection of Women from Domestic Violence Act, 2005. The relief that has been claimed in the petition is extracted hereunder:-

    "18. For the reason stated above, it is therefore prayed that the Hon'ble Court may be pleased to therein:-

(i) residence by fixing house accommodation or the alternative fee Rs. 25,000/- towards the monthly rent for rented quarters.

(ii) Direct the first respondent to pay Rs. 10,000/- per month for the medical expenses for the complainant.

(iii) Direct the first respondent to pay Rs. 1,00,000/- per month towards maintenance of the complainant.

(iv) Direct the respondents to pay jointly the Sum of Rs. 50,00,000/- towards the compensation for practicing both physical and mental cruelty for the complainant.

(v) Direct the respondent to pay the cost of proceeding."

5. The allegations that have been made in the petition are to the effect that the compromi

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