Madras High Court
Mrs.Radhika vs Mr.Anand on 16 October, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 16.10.2025
Coram:
The Honourable Mrs.Justice T.V.THAMILSELVI
Crl.R.C.No.206 of 2025
1.Mrs.Radhika
2.Minor.Mahesh
...Petitioners
Versus
Mr.Anand
...Respondent
This Criminal Revision Case is filed under Sections 438 & 442 of
BNSS, 2023 and Sections 397 & 401 of Cr.P.C praying to set aside the
partly allowing of the maintenance application in M.C.No.1/2018 dated
11.11.2024 passed by the Judicial Magistrate Court at Poonamallee by
ordering to provide maintenance to the 1st petitioner and enhance the
maintenance amount to the 2nd petitioner and thereby, allow the Criminal
Revision Petition.
For Petitioners : Mr.R.Suryaprakash
For Respondent : Mrs.Rita Chandrasekar
for M/s.Aiyer and Dolia
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ORDER
This Criminal Revision Case has been filed by the petitioners seeking
to set aside the Order dated 11.11.2024 in M.C.No.1 of 2018 passed by the
learned Judicial Magistrate No.II, Poonamallee and to enhance the
maintenance amount awarded to 2nd petitioner (son of respondent/husband
and 1st petitioner/wife).
2. As far as this case is concerned, respondent and 1st petitioner are
husband and wife. The 1st petitioner/wife and 2nd petitioner (minor son of 1st
petitioner) have filed a petition in M.C.No.1 of 2018 under Section 125 of
Cr.P.C before the Judicial Magistrate Court No.II, Poonamallee for their
maintenance. During the pendency of said M.C.No.1 of 2018, petitioners
have filed a petition in C.M.P.No.3983 of 2018 in M.C.No.1 of 2018
seeking to direct the respondent/husband to pay a sum of Rs.10,000/- per
month to 1st petitioner/wife and Rs.20,000/- per month to 2nd petitioner
(minor son of 1st petitioner) as interim maintenance. The learned Judicial
Magistrate No.II, Poonamallee vide Order dated 12.07.2022, directed the
respondent/husband to pay a sum of Rs.5,000/- per month to 1 st
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petitioner/wife and Rs.10,000/- per month to 2nd petitioner (minor son of 1st
petitioner) as maintenance, on or before 5th day of every calendar month
from the date of filing of that petition and further directed the
respondent/husband to pay the arrears of maintenance to 1st petitioner/wife
from the period of 04.01.2018 to 07.07.2022, within 3 months from the date
of that order. Subsequently, the learned Judicial Magistrate No.II,
Poonamallee vide Order dated 11.11.2024, observing that as far as 1st
petitioner/wife is concerned, M.C.No.1 of 2018 is dismissed, but, so far as
2nd petitioner (son of respondent/husband and 1st petitioner/wife) is
concerned, M.C.No.1 of 2018 is partly allowed with a direction to the
respondent/husband to pay a sum of Rs.20,000/- as monthly alimony to 2nd
petitioner (son of respondent/husband and 1st petitioner/wife), on or before
5th day of every calendar month from the date of that order. Aggrieved by
the said order, 1st petitioner/wife has filed the present Criminal Revision
Case.
3. The learned counsel for the petitioners submitted that this Court
vide Order dated 21.07.2025, referred this case to Tamil Nadu Mediation
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and Conciliation Centre, High Court, Madras and directed the parties to
appear before the Mediator on 05.08.2025. Accordingly, the parties have
appeared before the Mediator on the said date.
3.1. It is further submitted by the learned counsel for petitioners that
the dispute between the parties has been settled before the Mediation Centre
and the parties have entered into a Settlement Agreement dated 09.10.2025.
As per Clause 6(c) of the said Settlement Agreement, respondent/husband
shall pay a sum of Rs.65,00,000/- to 1st petitioner/wife as full and final
settlement towards all her monetary claims including present, past and
future maintenance, alimony, property rights, residence or any other relief
under any law which also includes the welfare of their son (2nd petitioner).
3.2. The learned counsel for the petitioners also submitted that out of
the aforesaid amount of Rs.65,00,000/-, respondent/husband has paid a sum
of Rs.5,00,000/- to 1st petitioner on 09.10.2025. As per Clause 6(d) of the
Settlement Agreement, a sum of Rs.15,00,000/- shall be paid by the
respondent/husband on the date of filing of the Consent Petition. Further,
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as per Clause 6(f) of the Settlement Agreement, the balance amount of
Rs.45,00,000/- shall be paid by the respondent/husband by way of RTGS
before the deposition of evidence.
3.3. It is submitted by the learned counsel for the petitioners that as
per Clause 6(h) of the Settlement Agreement, both parties shall not interfere
in each other's personal life after they obtain the decree of divorce, except,
the visitation rights of their son (2nd petitioner).
4. The learned counsel on both sides submitted in unison that both
the parties are residing at Chennai. Since both the parties have been
separated for more than 16 years, they have decided to file a Mutual
Consent Petition for Divorce before the Family Court, Chennai. Therefore,
the learned counsel on both sides prayed that on filing of such Mutual
Consent Petition by the parties, appropriate direction may be issued to the
Family Court, Chennai to refer the said Petition to learned II Additional
Family Court Judge, Chennai for speedy disposal.
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4.1. The learned counsel on both sides further prayed that this
Criminal Revision Case may be disposed of in terms of the aforesaid
Settlement Agreement dated 09.10.2025 entered into between the parties.
5. The Settlement Agreement dated 09.10.2025 entered into between
the parties herein reads as follows:
“SETTLEMENT AGREEMENT
This SETTLEMENT AGREEMENT entered into this the 9th
day of October, 2025 between Mrs.Radhika, W/o. V.Anand,
Mr.Mahesh, S/o. Mr.Anand, both are residing at No.13,
Othandeeswara Nagar, Kavaicheri Road, Thirumazhisai, Chennai
600 124 AND Mr.Anand S/o. Late V.Vadivelu, Power Grid
Corporation of India Limited, Doddaballapur Main Road,
Singanayakkanahalli, Near RTO Driving Test Track, Yelahanka,
Bangalore 5600064.
WHEREAS:
1. Disputes and differences had arisen between the Parties
hereto and Crl.R.C.No.206/2025 was filed on 07.01.2025
before the Hon'ble High Court of Madras.
2. The matter was referred to mediation vide an order dated
21.07.2025 passed by Hon'ble Mr.Justice G.K.Ilanthiraiyan.
3. The parties agreed that Mrs.R.Sarala Devi would act as their
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Mediator.
4. Several meetings were held during the process of Mediation /
Conciliation from 05.08.2025 to 09.10.2025 and the parties
have with the assistance of the Mediator voluntarily arrived
at an amicable solution resolving the above mentioned
disputes and differences.
5. The parties hereto confirm and declare that they have
voluntarily and of their own free will arrived at this
Settlement Agreement in the presence of the Mediator.
6. The following settlement has been arrived at between the
parties hereto:
a. Both the parties mutually agree that due to the
irretrievable breakdown of their marriage solemnized on
03.09.2004 shall be dissolved by mutual consent petition
under Section 13(B) of Hindu Marriage Act, 1955.
b. Both parties shall jointly move the consent petition before
the competent court and obtain a decree of divorce dissolving
their marriage as per the terms of this memorandum of
settlement.
c. The Respondent will pay a sum of Rs.65,00,000/- to the
Revision Petitioner towards full and final settlement towards
all her monetary claims including present, past and future
maintenance, alimony, property rights, residence or any other
relief under any law and which also includes the welfare of
the Son, Mahesh.
d. The amount of Rs.5,00,000/- has been paid through RTGS,
Reference No.ICICR12025100906973734 during the
mediation on 09.10.2025 and the same has been
acknowledged by the Revision Petitioner. Another
Rs.15,00,000/- will be paid on the date of filing the Consent
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Petition wherever the Jurisdiction arises and the Revision
Petitioner shall have full custody and guardianship of the son
Mahesh.
e. The Respondent is committed to visit and interact with the
child on the 4th Sunday of every month for a period of one
hour subject to the child's willingness and health conditions.
If not the same will continue in the following week and there
will not be any force from the Respondent to interact with the
child if there is no willingness.
f. The balance amount of Rs.45,00,000/- shall be paid by way
of RTGS before the deposition of evidence and Reference No.
will be informed to the Petitioner and unless and until the
amount is not paid, the Consent Petition will not be
honoured.
g. Both parties agree that there shall be no further claims
against each other now or in the future so also the child will
not claim any kind of demand from the Respondent (Father)
under any law or statute. This agreement constitutes full and
final settlement between the parties and shall operate as a
complete discharges of all claims as they have agreed to
dissolve the marriage by filing Section 13(B) Petition under
the Hindu Marriage Act, 1955.
h. Both parties will not interfere in each other's personal life
after they obtain the decree of divorce except the visitation
rights of the Son, Mahesh.
i. Both parties agree not to initiate any civil or criminal
proceedings under any other law against each other in the
future.
j. Both parties understand and agree that the above terms are
final and binding, enforceable upon signing and subsequent
recording of evidence before the Competent Court by way of
Mutual Consent Petition.
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7. By signing this Agreement the parties hereto state that they
have no further claims or demands against each other with
respect to the Crl.R.C.No.206/2025 and all disputes and
differences in this regard have been amicably settled by the
parties hereto through the process of Mediation. Both the
parties agree that there will not be any kind of claims in any
form between both of them or even through Mahesh.”
6. The Settlement Agreement entered into between the parties is
recorded and the same shall form part of the order.
7. Considering the above submissions made by the learned counsel
on either side, this Criminal Revision Case is disposed of in terms of the
Settlement Agreement dated 09.10.2025 entered into between the parties.
8. Taking note of the fact that 1st petitioner/wife and
respondent/husband have been separated for more than 16 years and they
decided to file a Mutual Consent Petition for Divorce before the Family
Court, Chennai, this Court is inclined to issue the following directions:
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(i) The parties are at liberty to file a Mutual Consent Petition for
Divorce before the Family Court, Chennai.
(ii) On filing of such Mutual Consent Petition by the parties, the
Family Court, Chennai shall refer the said Petition to learned II Additional
Family Court Judge, Chennai, within a period of two weeks from the date of
filing of such Petition.
(iii) On receipt of such Mutual Consent Petition, the learned II
Additional Family Court Judge, Chennai shall consider and dispose of the
same on merits and in accordance with law, within a period of six weeks
thereafter.
16.10.2025
mrr
Index: Yes/No
Speaking Order (or) Non-Speaking Order
To
1.The Judicial Magistrate Court,
Poonamallee.
2.The Public Prosecutor,
High Court, Madras.
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T.V.THAMILSELVI, J.
mrr Crl.R.C.No.206 of 2025 16.10.2025 11/11 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/11/2025 09:26:17 pm )