Madras High Court
K.Suresh vs Sivakiruthiga on 23 February, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A(MD)NOs.293 and 294 of 2020
C.M.A(MD)NO.293 of 2020
K.Suresh :Petitioner/Appellant in both Appeals
.vs.
Sivakiruthiga :Respondent/Respondent in both Appeals
PRAYER in C.M.A(MD)No.293 of 2020: Civil Miscellaneous
Appeal filed under Section 19 of the Family Courts Act praying this
Court to set aside the judgment and decree made in H.M.O.P.No.58
of 2014, dated 22.01.2018, on the file of Family Court,
Srivilliputhur with costs.
PRAYER in C.M.A(MD)No.294 of 2020: Civil Miscellaneous
Appeal filed under Section 19 of the Family Courts Act praying this
Court to set aside the judgment and decree made in Respondent's
Counter claim in H.M.O.P.No.58 of 2014, dated 22.01.2018, on the
file of Family Court, Srivilliputhur with costs.
For Appellant :Mr.S.Venkatesh
in both appeals
For Respondents :Mr.R.Alagumani
in both appeals
http://www.judis.nic.in
2
COMMON JUDGMENT
************************
[Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.]
C.M.A(MD)No.293 of 2020 is filed by the appellant/husband
to set aside the judgment and decree made in H.M.O.P.No.58 of
2014, dated 22.01.2018, on the file of Family Court, Srivilliputhur
with costs.
2.C.M.A(MD)No.294 of 2020 is filed by the appellant/husband
to set aside the judgment and decree made in Respondent's
Counter claim in H.M.O.P.No.58 of 2014, dated 22.01.2018, on the
file of Family Court, Srivilliputhur with costs.
3.Heard the learned counsel appearing on either side and
perused the materials placed before this Court including the
Settlement Agreement entered between the parties before the
Mediation and Conciliation Centre Centre of this Court.
4.Earlier, these Civil Miscellaneous appeals were referred to
the Mediation and Conciliation Centre of this Court for reaching
an amicable settlement between the parties and the parties have
entered into a Settlement Agreement, dated 15.02.2021 before the
Mediation Centre of this Court and the terms of the Settlement
http://www.judis.nic.in
Agreement entered into between the parties, reads as follows:
''A.That the Petitioner/Appellant has paid a sum
of Rs.10,50,000/- by way of full and final settlement
towards maintenance of minor son Anbarasan. The
amount is paid by way of Demand Draft drawn on
Tamil Nadu Mercantile Bank, Srivilliputhur, dated
11.2.2021 in the name of Anbarasan.
B.That all the Gold Jewels that was left in the
matrimonial home has been handed over by the
Petitioner/appellant and received by the respondent
as per the following list.
Aral Chain -1
Neckles -1
Braclet-1
Thali Chain – 1
Ear Stud -1
Ear Stud with stone -1
Chain -1 and
Neckles,
Ring, adorned to the Petitioner/Appellant-1
C.The Utensils and other Sridhana things
brought in by the respondent to the matrimonial
home has already been taken back on 30.1.2021.
D.The respondent does not claim any
maintenance in present or in future.
http://www.judis.nic.in
E.The Thali and Gold balls attahed there to
have been returned back by the respondent to the
Petitioner/Appellant.
F.The respondent shall withdraw the
maintenance filed in M.C.No.70 of 2015, on the file of
the Family Court, Srivilliputhur and the Cr.M.P.No.
988 of 2017 shall be withdrawn.
G.The case filed under D.V.Act in M.C.No.7 of
2014 on the file of Judicial Magistrate No.II,
Srivilliputhur, now committed to Addl.Mahila Court,
Srivilliputhur in D.V.A.No.1 of 2021 shall also be
withdrawn.
H.The Petitioner/Appellant shall cooperate for
withdrawing the same by making his appearance
before the concerned Court, if necessary.
I.The parties shall not claim any right on the
basis of the marriage between them that took place
on 8.6.2012.
J.Both the Petitioner/appellant and the
respondent agree for granting of divorce as the
marriage has broken down irretrievably by allowing
C.M.A(MD)No.293 of 2020,C.M.A(MD)No.294 of
2020, on the file of this Honourable Court.
K.The photos and the negative /CD available
with the respondent and appellant shall be destroyed
http://www.judis.nic.in
in the presence of counsel for both parties before the
trial Court.''
5.Though the parties are not present before this Court, as
the matter was settled before the Mediation and Concilation Centre
of this Court, the Settlement Agreement is taken on file and the
marriage solemnized between the appellant and respondent on
08.06.2012 is dissolved by a decree of divorce, as per the terms of
the Settlement Agreement entered between the parties and the
Civil Miscellaneous Appeals are disposed of in terms of the
Settlement Agreement, dated 15.02.2021 entered between the
parties.The said Settlement Agreement shall form part and parcel
of the Judgment and decree. No costs.
[P.S.N.,J.] & [S.K.,J.]
23.02.2021
Index:Yes/No
Internet:Yes/No
vsn
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
the order may be utilized
for official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall be
the responsibility of the
http://www.judis.nic.in
Advocate / litigant
concerned.
To
1.The Judge,
Family Court,
Tirunelveli.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
http://www.judis.nic.in
PUSHPA SATHYANARAYANA, J.
AND
S.KANNAMMAL, J.
vsn
COMMON JUDGMENT MADE IN
C.M.A(MD)NOs.293 and 294 of 2020
23.02.2021
http://www.judis.nic.in
