Madras High Court
Dr.Thomas vs C.D.Ponmalar Sharmi on 25 November, 2022
Author: R.Vijayakumar
Bench: R.Vijayakumar
C.R.P.(MD).No.3007 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON: 22.04.2025
DELIVERED ON: 18.08.2025
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P.(MD).No.3007 of 2024
and CMP(MD).No.17180 of 2024
1.Dr.Thomas
2.Prema Latha
3.P.Mary Sutha ...Revision Petitioners/Respondents
Vs
C.D.Ponmalar Sharmi ...Respondent/Complainant
PRAYER: Civil Revision Case is filed under Article 227 of Constitution
of India, to strike off the Domestic Violence Petition in D.V.C.No.28 of
2024 on the file of the Additional Mahila Fast Track Court No.II,
Nagercoil and allow this civil revision petition.
For Petitioners : Mr.C.Kishore
For Respondent : Mr.C.K.M.Appaji
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C.R.P.(MD).No.3007 of 2024
ORDER
The present civil revision petition has been filed under Article 227 of Constitution of India seeking to strike of the domestic violation petition in DVC.No.28 of 2024 on the file of the Additional Mahila (Fast Track Court) No.II, Nagercoil.
(A)Facts leading to the filing of this civil revision petition are as follows:
2.The first petitioner is the husband of the respondent. The other two petitioners are the sisters of the first petitioner. The first petitioner who is a Homoeopathy Doctor by profession has got married to the respondent on 08.06.2017. They were blessed with a son on 31.08.2018.
Due to matrimonial dispute, they got separated on 07.08.2019. The husband had filed IDOP.No.51 of 2020 on the file of the District Court, Nagercoil for the relief of divorce on 03.02.2020. It was transferred to the Family Court and renumbered as IDOP.No.114 of 2021 in January 2021.
3.The wife had lodged an F.I.R as against the husband and a case was registered in Crime No.34 of 2021 on 31.05.2021. A charge sheet was laid in C.C.No.515 of 2022 on the file of the Judicial Magistrate No.I, Kuzhithurai as against the respondent.
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4.The couple had entered into a compromise on 25.11.2022 before a notary public. The wife had agreed that she had received all the jewels from the husband. The husband had agreed to repay a sum of Rs.15,00,000/- to the wife which he is said to have borrowed from the wife's family. The husband also agreed to pay a sum of Rs.25,00,000/- as permanent maintenance to the wife and son. The wife had agreed to withdraw DVC.No.8 of 2020. She had also agreed for quashing of C.C.No. 515 of 2022 by filing a joint compromise memo before the High Court. It was further agreed that no further criminal or civil proceedings shall be initiated as against each other. It was agreed between them that the child would remain in the custody of the mother. It was further agreed that IDOP.No.114 of 2021 can be converted into an application for divorce on mutual consent and they agreed to get divorce.
5.This compromise agreement entered into before the notary was referred to in the counter affidavit filed by the wife in IDOP.No.114 of 2021 and she had agreed for granting of divorce. IDOP.No.114 of 2020 was referred to mediation before the Family Court, Padmanabhapuram. The compromise entered into between the parties before the notary public on 25.11.2022 was referred and another compromise was recorded before 3/18 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/08/2025 03:38:20 pm ) C.R.P.(MD).No.3007 of 2024 the mediation centre of the Family Court on 03.05.2023. Relying upon the compromise before the mediation, DVC.No.8 of 2020 was dismissed as not pressed by the wife on 05.10.2023.
6.Challenging DVC.No.8 of 2020, the husband had filed Crl.O.P.No.15997 of 2020 and the sisters of the husband have filed Crl.O.P.(MD).No.13982 of 2020. Both these criminal original petitions were dismissed as infructuous on 13.10.2023 on the ground that DVC.No. 8 of 2020 has been not pressed by the wife.
7.The husband had filed Crl.O.P(MD).No.1671 of 2023 to quash C.C.No.515 of 2022 as agreed by the parties before the mediation in IDOP.No.114 of 2021 on the file of the Family Court, Padmanabhapuram. In the said quash petition, a joint compromise memo was filed by both the parties. The said compromise memo was signed by both the parties and their respective counsels.
8.When the quash petition came up for hearing on 13.10.2023, the learned counsel appearing for the wife submitted that though a demand draft for a sum of Rs.40,00,000/- was taken by her husband, it was not handed over to her. It was further contended that the balance 52 sovereign gold jewels have not been returned by the husband. Therefore, it was 4/18 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/08/2025 03:38:20 pm ) C.R.P.(MD).No.3007 of 2024 adjourned to 08.11.2023. On 30.12.2023, since there was a dispute between the parties with regard to the return of 52 sovereign of jewels, the learned Judge of this Court has not recorded the compromise and posted Crl.OP(MD).No.1671 of 2023 for final disposal.
9.The wife has lodged the present second complaint under the Domestic Violence Act in DVC.No.28 of 2024 on 20.05.2024 with a prayer for payment of a sum of Rs.25,00,000/- towards compensation, Rs.25,00,000/- towards maintenance of the wife, Rs.25,00,000/- towards maintenance of the son, return of 52 sovereign of jewels by her husband and for repayment of a sum of Rs.55,14,000/- with 12% interest. This DVC complaint is under challenge in the present revision petition.
(B).Submissions of the counsels appearing on either side are as follows:
10.The learned counsel for the petitioners had submitted that the proceedings under Domestic Violence Act have been initiated before the Additional Mahila Court, Nagercoil which does not have any territorial jurisdiction, the same has been filed using a fake address. The respondent wife is residing permanently at Udhayamarthandam and the said place comes within the jurisdiction of Padmanabhapuram Court. 5/18 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/08/2025 03:38:20 pm ) C.R.P.(MD).No.3007 of 2024
11.The learned counsel for the petitioners had further submitted that two compromise agreements have been entered into between the parties on 25.11.2022 and 03.05.2023 and the respondent has also withdrawn D.V.C.No.8 of 2020 based upon the said compromise memos. However, when the quash petition was filed to quash C.C.No.515 of 2022, suddenly the respondent has backtracked and made a false statement before the High Court that still 52 sovereigns of gold jewels have not yet been returned by the husband. The learned counsel for the petitioners further submits that the respondent having withdrawn the previous petition under Domestic Violence Act, with a similar prayer, cannot now present the second petition and the same is nothing, but an abuse of process of Court. Hence, he prayed for quashing the proceedings.
12.Per contra, the learned counsel appearing for the respondent wife had submitted that the husband had repeatedly committed brutalities even after birth of the child. This has prompted her to lodge a criminal complaint before the All Women Police Station, Marthandam in Crime No. 34 of 2021 and a charge sheet has been laid as against the petitioners in C.C.No.515 of 2022. He had further submitted that the petitioner had filed the divorce petition in I.D.O.P.No.51 of 2020 and she had filed 6/18 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/08/2025 03:38:20 pm ) C.R.P.(MD).No.3007 of 2024 D.V.O.C.No.8 of 2020 for protection order, grant of maintenance, return of jewels and cash. During the compromise talks, the husband has agreed to return 130 sovereign gold jewels, dowry amount of Rs.15,00,000/- and to deposit Rs.25,00,000/- towards permanent alimony and future maintenance to the son and on complying with the said condition, she had agreed to withdraw the criminal case and domestic violence complaint.
13.The learned counsel for the respondent wife further submitted that on 08.12.2022 only 68 sovereigns of gold jewels were handed over. Believing the words of the husband and his counsel, she has signed all the pages. Later, it was found that a dubious clause has been inserted as if she received back all the jewels. The husband and his counsel have played fraud upon her and tendered lame excuse and had assured to return all the jewels. On 05.10.2023, the husband handed over another 10 sovereign of gold jewels and therefore, she had withdrawn D.V.C.No.8 of 2020.
14.The learned counsel appearing for the respondent wife had further submitted that the husband has given an undertaking before this Court in Crl.OP(MD).No.1671 of 2023 to hand over further 52 sovereign of gold jewels. However, the husband has retracted his earlier statement and therefore, this Court has not recorded the compromise. Only in those 7/18 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/08/2025 03:38:20 pm ) C.R.P.(MD).No.3007 of 2024 circumstances, she had preferred the present complaint in DVC.No.28 of 2024 before the Additional Mahila Fast Track Court No.II, Nagercoil, Kanyakumari District.
15.The learned counsel for the respondent/wife had further submitted that the respondent is residing in a residential house at Madankoil Street in Nagercoil Town which was rented by her father while he was in police department. Even after retirement, they are continuing in the said address. In fact, her son is studying in a School in Nagercoil. That apart, a charge sheet has been laid in C.C.No.515 of 2022 referring her address at Nagercoil as temporary address. Besides, the petitioner had filed a quash petition in Crl.OP(MD).No.1671 of 2023 showing her temporary address as Nagercoil. In such circumstances, the Nagercoil Court has got territorial jurisdiction to entertain the domestic violence petition. Hence, he prayed for dismissal of the revision petition.
16.Heard both sides and perused the material records. (C).Discussion:
17.A perusal of the domestic violence petition filed by the wife reveals that she had shown that her address at 70-B, Madan Kovil Street, Chidambara Nagar, Kottar Post, Nagercoil, Kanyakumari District. The 8/18 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/08/2025 03:38:20 pm ) C.R.P.(MD).No.3007 of 2024 same address has been reflected in the charge sheet filed in C.C.No.515 of 2022 on the file of the Judicial No.I, Kuzhithurai which was filed on 31.05.2021. The respondent wife had produced the school identity card of her son which reveals that he is studying in Nagercoil. In such circumstances, there is no ground to doubt the address of the respondent as Nagercoil. Therefore, the contention of the learned counsel appearing for the petitioner that the Additional Mahila Court, Nagercocil does not have territorial jurisdiction is liable to be rejected.
18.The respondent wife had filed D.V.C.No.8 of 2020 before the Additional Mahila (Fast Track Court No.II), Nagercoil, Kanyakumari District. The prayer in the said petition are as follows:
a)The respondent husband should be directed to pay a sum of Rs.25,00,000/- towards compensation.
b)The respondent husband should be directed to pay a sum of Rs.25,00,000/- towards future maintenance.
c)For the maintenance of the child, a sum of Rs.25,00,000/- to be paid.
d)The respondent husband should be directed to pay the value of jewels and other movables to a tune of 9/18 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/08/2025 03:38:20 pm ) C.R.P.(MD).No.3007 of 2024 Rs.16,36,934/-.
e)The respondent husband should be directed to repay a sum of Rs.55,14,000/- which was borrowed by him from the wife's family along with 12% interest.
19.The parties have entered into a compromise deed before the Notary Public on 25.11.2022. The said compromise has been signed by both the parties and attested by two witnesses in the presence of a Notary Public. The clauses in the said compromise deed are as follows:
a)The wife had received all the jewels and other articles from the husband.
b)The husband agrees to repay a sum of Rs.
15,00,000/-. The husband further agrees to pay a sum of Rs. 25,00,000/- towards future maintenance of the wife and the son.
c)The wife agrees to withdraw D.V.C.No.8 of 2020 pending on the file of the II Additional Mahila Court, Nagercoil.
d)The wife agrees to file a joint petition before the High Court to quash C.C.No.515 of 2022 which arises out of Crime No.34 of 2021 on the file of the All Women Police Station, Marthandam.
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e)Both the parties agree that in future, no civil or criminal proceedings would be initiated as against each other.
f)The child shall be in the custody of the wife.
g)The wife shall not claim any further maintenance from the husband.
h)The divorce petition filed by the husband in IDOP.No.114 of 2021 can be converted into a mutual divorce petition and the wife agrees for a divorce decree and thereafter, both the parties are at liberty to lead their own life.
20.Pursuant to the said compromise entered into before the Notary Public, the wife had filed a counter in IDOP.No.114 of 2021 acknowledging the compromise entered into between the parties and had stated that she has no objection for granting divorce to her husband. The divorce in IDOP.No.114 of 2020 was referred to the Mediation attached to Family Court. Before Mediation, the parties have entered into a joint compromise. The clauses found in the compromise deed dated 25.11.2022 were replicated and it was signed by both the parties. However, so far, the said divorce proceeding has not been disposed of. 11/18 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/08/2025 03:38:20 pm ) C.R.P.(MD).No.3007 of 2024
21.Relying upon the compromise entered into in the Mediation proceedings, the wife had withdrawn DVC.No.8 of 2020 by making an endorsement as not pressed. The endorsement was made by the wife as well as her counsel. Relying upon the said endorsement, D.V.C.No.8 fo 2020 was dismissed as 'not pressed' by the Judicial Magistrate No.I, Additional Mahila Court, Nagercoil on 05.10.2023.
22.In view of the dismissal of D.V.C.No.8 of 2020, the petition filed before the High Court by the husband and sisters of the husband in Crl.OP(MD).No.13982 of 2020 and 15997 of 2020 to quash D.V.C.No.8 of 2020 were dismissed as infructuous by the High Court on 13.10.2023 in the presence of the counsels on either side.
23.As per compromise entered into between the parties in the divorce proceedings in IDOP.No.114 of 2021, the husband and his sisters have filed Crl.OP(MD).No.1671 of 2023 to quash C.C.No.515 of 2022. While the quash petition came up for hearing on 13.10.2023, the wife complained that though Rs.40,00,000/- demand draft was drawn in the name of the wife, it was not handed over to her. She further submitted that the remaining 52 sovereign of gold jewels has to be returned by the 12/18 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/08/2025 03:38:20 pm ) C.R.P.(MD).No.3007 of 2024 husband as assured by him at the time of withdrawing IDOP proceedings.
24.When the matter came up for hearing on 13.12.2023, since the wife had demanded 52 sovereigns of gold jewellery and the husband has not agreed for the same, the learned Judge of this Court has adjourned the same to 10.01.2024 without recording the compromise.
25.The present D.V.C.No.28 of 2024 has been filed on 20.05.2024 with the following prayers:
a)The husband has to pay a sum of Rs.25,00,000/-
towards compensation.
b)The husband has to pay a sum of Rs.25,00,000/-
towards future maintenance for the wife.
c)The husband has to pay a sum of Rs.25,00,000/-
towards maintenance and educational expenses of the son.
d)The husband has to return 52 sovereigns of gold jewels as directed by the High Court.
e)The husband has to return a sum of Rs.55,14,000/- along with 12% interest.
26.This D.V.C proceedings is sought to be quashed in the present revision petition.
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27.A perusal of D.V.C complaint reveals that the wife is constrained to file the 2nd D.V.C proceedings only on the sole ground that the husband has not complied with the direction of the High Court for returning 52 sovereigns of gold jewellery. Other than this allegation, no new allegation or cause of action has been pleaded than what was pleaded in D.V.C.No.8 of 2020.
28.As pointed out in the preceding paragraphs, during the mediation proceedings before the Family Court, Padmanabhapuram in IDOP.No.114 of 2021, the wife had agreed that she has received the entire jewellery. This compromise was relied upon to close the first DVC complaint namely DVC.No.8 of 2020 and Crl.OP(MD).Nos.13982 of 2020 and 15997 of 2020.
29.As per the said compromise entered into in the mediation centre, the husband has filed Crl.OP(MD).No.1671 of 2023 to quash the charge sheet filed as against him and his sister in C.C.No.515 of 2022. When the quash petition came up for hearing on 13.10.2023, the learned Judge has recorded the submissions of the learned counsel for the wife that the remaining 52 sovereign of gold jewels have to be returned by the husband. On 13.12.2023, the learned counsel for the husband submitted 14/18 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/08/2025 03:38:20 pm ) C.R.P.(MD).No.3007 of 2024 that no such averments was made by the wife in any of the previous proceedings. However, the learned counsel for the wife had insisted that the husband has promised to return 52 sovereigns of gold. In view of the disagreement between the parties, the learned Judge has not recorded the compromise and quash the petition is still pending.
30.The narration of the facts would clearly indicate that the husband has not given any undertaking before the High Court that he would return 52 sovereigns of gold jewellery. In fact, no such averments was there in any one of the compromise deeds that were entered into between the parties.
31.A perusal of the compromise entered into between the parties on 25.11.2022 before the Notary Public manifests that the wife had received back the entire jewellery. The joint compromise memo that was recorded during the mediation proceedings before the Family Court, Padmanabhapuram on 03.05.2023 reveals that the wife had received back the entire jewellery. For the first time a plea has been raised before this Court that the husband is yet to return 52 sovereigns of gold. Except the fact that the husband has not returned 52 sovereigns of gold jewellery, no new allegations have been made as against the husband or his family 15/18 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/08/2025 03:38:20 pm ) C.R.P.(MD).No.3007 of 2024 members in the present complaint. Therefore, it is clear that it is a clear case of abuse of process of law warranting interference at the hands of this Court.
32. In the counter, the respondent wife has contended that she made to believe that the husband would be returning the jewels one by one and therefore, she entered into a compromise. However, the records clearly indicate that the compromise has been relied upon for withdrawing D.V.C.No.8 of 2020. She has filed the counter in IDOP.No.114 of 2021 admitting the said compromise. With the same clauses, the wife has entered into another compromise in the mediation centre attached to the Family Court, Padmanabhapuram on 03.05.2023 after a period of 6 months from the date on which they had entered into a compromise before the Notary Public. In such circumstances, the contention of the wife cannot be accepted.
(D).Conclusion:
33.In view of the above said deliberations, this Court is inclined to pass the following orders:
i)The petitioner husband shall pay a sum of Rs.40,00,000/- to the respondent wife by way of demand draft on 16/18 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/08/2025 03:38:20 pm ) C.R.P.(MD).No.3007 of 2024 or before 18.09.2025.
ii)On such payment, D.V.C.No.28 of 2024 on the file of the Additional Mahila (F.T.C.No.II) Court, Nagercoil, Kanyakumari District shall stand quashed.
iii)This Civil Revision Petition stands allowed to the extent as stated above. No costs. Consequently, connected miscellaneous petition is closed.
18.08.2025 Index : Yes/No Internet : Yes/No NCC : Yes/No msa To
1. The Additional Mahila Fast Track Court No.II, Nagercoil
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
17/18 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/08/2025 03:38:20 pm ) C.R.P.(MD).No.3007 of 2024 R.VIJAYAKUMAR, J msa Pre-delivery order made in C.R.P.(MD).No.3007 of 2024 and CMP(MD).No.17180 of 2024 18.08.2025 18/18 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/08/2025 03:38:20 pm )