C.M.S.A.(MD)No.10 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.09.2022
CORAM :
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
C.M.S.A.(MD)No.10 of 2016
and
C.M.P(MD)No.3453 of 2016
Radhakrishnan ...Appellant
Vs.
Sivarani ...Respondent
PRAYER: Civil Miscellaneous Second Appeal filed under Section 28 of
Hindu Marriage Act, 1956 r/w Section 100 of Code of Civil Procedure, 1908,
to set-aside the judgment and decree dated 21.03.2014 made in
H.M.C.M.A.No.15 of 2012 on the file of the 6th Additional District Court,
Madurai, reversing the judgment and decree dated 10.09.2012 made in
HMOP No.93 of 2010 on the file of the third Additional Sub Court, Madurai.
For Appellant : Mr.V.George Raja
For Respondent : Mr.T.C.S.Thillainayagam
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https://www.mhc.tn.gov.in/judis
C.M.S.A.(MD)No.10 of 2016
JUDGMENT
This Civil Miscellaneous Appeal is filed to set-aside the judgment and decree dated 21.03.2014 made in H.M.C.M.A.No.15 of 2012 on the file of the 6th Additional District Court, Madurai, reversing the judgment and decree dated 10.09.2012 made in HMOP No.93 of 2010 on the file of the third Additional Sub Court, Madurai.
2. When the matter was called, the learned Counsel for the appellant submitted that the appellant/husband concedes the order of the Court below, granting divorce. However, he has only raised an objection regarding quantum of monthly maintenance. The said amount is exorbitant and the appellant has not able to pay the amount.
3.Per contra, the learned counsel for the respondent submitted that a lumpsum quantum may be fixed.
4.At this juncture, the appellant /husband agrees to pay a sum of Rs.6,00,000/- to the respondent/wife as one time settlement. Therefore, 2/4 https://www.mhc.tn.gov.in/judis C.M.S.A.(MD)No.10 of 2016 recording the same, the present Civil Miscellaneous Appeal may be disposed of.
5.The learned Counsel for the respondent/wife would also agree for the same.
6.Considering the submission made by the learned counsel appearing on either side, this Court confirms the order of the Court below granting divorce to the appellant and respondent herein. In sofar the maintenance is concerned, the appellant/husband is directed to deposit a sum of Rs.6,00,000/- to the credit of H.M.O.P.No.93 of 2010 on the file of the Third Additional Sub Court, Madurai, within a period of three months. On such deposit, the respondent/wife is granted liberty to withdraw the said amount. Accordingly, this Civil Miscellaneous Second Appeal is disposed of. No costs. consequently, connected miscellaneous petition is closed.
08.09.2022 Index :Yes/No Internet:Yes/No cp 3/4 https://www.mhc.tn.gov.in/judis C.M.S.A.(MD)No.10 of 2016 A.A.NAKKIRAN , J.
cp To
1. 6th Additional District Court, Madurai.
2. Third Additional Sub Court, Madurai.
3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
C.M.S.A.(MD)No.10 of 2016 and C.M.P(MD)No.3453 of 2016 08.09.2022 4/4 https://www.mhc.tn.gov.in/judis