Swetha Bathu vs Tamil Nadu State Women's Commission and Others

S.J. Mukhopadhaya, J.—The petitioner, Swetha Bathu, wife of 5th respondent, filed the writ petition against the order contained in

Proceeding No. Na.Ka. No. 2522/M.A./2008 dated 16th June, 2009, passed by the 1st respondent, Tamil Nadu State Women''s Commission,

Chennai. By the said interim order, the police authorities were ordered not to take any steps pursuant to Crime No. 5/08, instituted by the

petitioner against the 4th and 5th respondents. This was challenged on the ground that the Women''s Commission has no jurisdiction to stay any

criminal proceeding.

Earlier, when the case was taken up, learned Counsel appearing on behalf of the Tamil State Women''s Commission, while submitted that the

Commission may not have power to stay a criminal proceeding, but taking into consideration the fact that this was an internal dispute of a family in

which criminal case lodged by the daughter-in-law (petitioner herein) against the mother-in-law (4th respondent herein) and husband of the

petitioner (5th respondent herein), the Commission thought to discuss the matter with the parties to settle the dispute.

Counsel appearing on behalf of the petitioner and the counsel for the 4th and 5th respondent both suggested to take up the matter in the chamber

to ensure some amicable settlement between the parties. The matter was discussed individually with the petitioner, Swetha Bathu (wife of the 5th

respondent and daughter-in-law of the 4th respondent), her parents as also the 4th respondent (mother-in-law of the petitioner) and 5th

respondent (husband of the petitioner). It was brought to the notice of the Court that apart from a divorce petition filed by 5th respondent in the

Principal Subordinate Court, Erode, number of criminal cases and complaints have been filed by either parties. This Court played the role of a

mediator and pointed out the advantage and disadvantages of one or other case and allowed the parties to decide their course of action without

giving any suggestion to either of them. After discussing the matter, the parties suggested for the following consent order:

�) The divorce case H.M.O.P. No. 152/08 filed by the Mr. Sadasivam Naveen Senthooran shall be treated as a petition u/s 13B of the Hindu

Marriage Act, 1955, i.e., divorce by mutual consent. Ms. Swetha Bathu will be shown therein as the 2nd petitioner and put her signature in the

said divorce petition.

ii) All the allegations made in the divorce petition or written statement, if any, filed by the parties against each other shall stand recalled.

iii) The Court will record their statement that there is no scope for reunion of both the petitioners (Mr. Sadasivam Naveen Senthooran and Ms.

Swetha Bathu) and, therefore, they have preferred the joint petition for divorce by mutual consent for dissolution of marriage between them on

31st Oct., 2004 and it has become impossible to reconcile their differences and that they are unable to live together as men and wife and that the

marriage has broken down irretrievably.

iv) Mr. Sadasivam Naveen Senthooran undertakes to pay a lumpsum amount of Rs. 3,00,000/= (Rupees Three Lakhs only) for the maintenance

of Ms. Swetha Bathu, who will be the 2nd petitioner in the petition u/s 13B. No separate interim or final alimony shall be paid except the aforesaid

lumpsum amount of Rs. 3,00,000/= (Rupees Three Lakhs only).

v) Both the parties, Ms. Swetha Bathu and Mr. Sadasivam Naveen Senthooran exchanged their articles and there is no claim against each other in

any form in future.

vi) The Court will be requested to pass a judgment and decree in terms with such agreement.

vii) So far as the criminal and other complaints are concerned, the parties agree to file application before the competent court, police station and

authorities to recall their respective applications and allegations. This includes Crime No. 5/08 preferred by Ms. Swetha Bathu pending before the

All Womens Police Station, Guindy and the complaint filed by the flat owners association and any other such case. In such case the concerned

court/police station/authority will pass order closing the case and/or applications. However, details of all the cases are not given herein, but liberty

is given to the parties to bring to the notice of the competent authority/police station/court about any of the cases instituted or pending at the

instance of the petitioner or the 4th and 5th respondent or their relations. In such case also, the concerned court/police station/authority will close

those matters.

The aforesaid agreement reached between the parties have been read over by the parties, who have also made an endorsement to the said

effect in the petition.

Accordingly, the Principal Subordinate Court, Erode, where the H.M.O.P. No. 152/08 is pending, is directed to convert the petition as a petition

u/s 13B and after impleading the petitioner, Ms. Swetha Bathu, as the 2nd petitioner of the said case will pass judgment and decree in terms with

the agreement aforesaid. The appropriate court, police station or authority before whom one or other complaint is pending, including income tax

department will close their respective cases, if any, instituted at the instance of the petitioner or the 4th and 5th respondent or at the instance of any

of the relation of the petitioner or the 4th and 5th respondent. However, suo motu if any case has been instituted by the Income Tax Department or

any other authority, against either of the parties or the parents of the petitioner, that may proceed in accordance with law. The Tamil Nadu State

Women''s Commission will also close representation filed by the 4th respondent recording the agreement reached by the parties before this Court.

This writ petition stands disposed of with the aforesaid observations and directions. Consequently, connected miscellaneous petition is also

closed. But there shall be no order as to costs.