Madras High Court
E.Janardhanan vs M.Geetha on 25 February, 2021
C.M.A.No.34 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.RAJA
AND
THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM
C.M.A. No.34 of 2021
E.Janardhanan ... Appellant
vs.
M.Geetha ...Respondent
****
PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the
Family Court Act, 1984 to set aside the judgment and decree dated
17.10.2019 passed by the learned V Additional Judge, Family Court,
Chennai in H.M.O.P. No.4254 of 2016 and dissolve the marriage
between the appellant and the respondent that was solemnised on
15.02.2013 at M/s.K.E.Jayalakshmi Thirumana Mandapam, S.P.Salai,
Manavala Nagar, Tiruvallur District, by a decree of divorce.
****
For Appellant : Mr.J.Ashok
For Respondent : Mr.Rohit Krishna
https://www.mhc.tn.gov.in/judis/
Page No.1 of 6
C.M.A.No.34 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed to set aside the
judgment and decree of the learned V Additional Judge, Family Court,
Chennai dated 17.10.2019 made in H.M.O.P. No.4254 of 2016 and to
dissolve the marriage that took place between the appellant and the
respondent on 15.02.2013 at M/s.K.E.Jayalakshmi Thirumana
Mandapam, S.P.Salai, Manavala Nagar, Tiruvallur District, by a decree
of divorce.
2. On 10.02.2021, when the appeal came up for hearing, we
have passed the following order:
After a deliberation with Mr.Rohit Krishna, learned
Counsel for the respondent-wife, Mr.J.Ashok, learned
Counsel for appellant-husband stated that there has been an
arrears of maintenance payable by the appellant to the
respondent. Keeping in mind the said arrears, the appellant-
husband is ready to settle the matter by paying
Rs.15,00,000/- (Rupees Fifteen Lakhs Only) to the
respondent-wife as one time settlement, within a reasonable
time.
2. However, Mr.Rohit Krishna, learned Counsel for the
respondent requested us to increase the same to some more
reasonable amount.
3. Considering the situation faced by both the parties,
this Court deems it fit to fix Rs.16,50,000/- (Rupees Sixteen
Lakhs and Fifty Thousand Only) as a reasonable amount to
be payable by the appellant-husband to the respondent-wife,
within a period of two weeks from the date of receipt of a
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C.M.A.No.34 of 2021
copy of this Order.
4. Learned Counsel for the respondent wife would also
agree for the same. He further stated that some of the
articles of the respondent-wife are with the appellant-
husband and the same may be directed to be returned.
5. Learned Counsel for the appellant husband
accepting the said request stated that the appellant is ready
to return the articles belonging to the respondent-wife
forthwith. He further stated that since the Mangalsutra worn
by the respondent wife belongs to the appellant-husband,
the same has to be returned to the appellant-husband and
the appellant is ready to receive the same with or without
gold chain.
6. In view of the above, both the parties are directed
to return each others articles within a period of one week
from the date of receipt of a copy of this Order.
7. Post the matter on 25.02.2021 for production of
Demand Draft for Rs.16,50,000/- by the appellant drawn in
the name of the respondent M.Geetha.
8. At this stage, learned Counsel for the respondent
stated that in view of the one time settlement arrived at
between the parties, liberty may be given to withdraw the
Crl.R.C.Nos.381 and 398/2020 pending before this Court.
9. Registry is directed to list the Crl.R.C.Nos.381 and
398/2020 before the appropriate Court, if any such Memo of
Withdrawal is filed by the wife side.
3. Mr.J.Ashok, learned counsel appearing for the appellant-
husband, accepting the proposal given by Mr.Rohit Krishna, learned
counsel appearing for the respondent-wife, for settling the matter by
paying one lump sum amount of Rs.16,50,000/-, has produced two
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C.M.A.No.34 of 2021
demand drafts drawn in favour M.Geetha, namely the respondent-
wife. The details of the demand drafts are as below:
(i) D.D. No.901216 dated 18.02.2021 for Rs.7,50,000/- and
(ii) D.D. No.901217 dated 18.02.2021 for Rs.9,00,000/-
4. Mr.Rohit Krishna, learned counsel appearing for the
respondent-wife, received the above said demand drafts for
Rs.16,50,000/- and handed over the same to M.Geetha, respondent-
wife, who is present in the court.
5. In view of the permanent alimony, as contemplated under
Section 25 of the Hindu Marriage Act, 1955 and payment
Rs.16,50,000/- by the appellant-husband and the same was received
by the respondent-wife, this court, accepting the joint proposal of both
the parties for dissolving the marriage, which was solemnised on
15.02.2013 at M/s.K.E.Jayalakshmi Thirumana Mandapam, S.P.Salai,
Manavala Nagar, Tiruvallur District, grants a decree of divorce,
dissolving the marriage solemnised on 15.02.2013 between the
appellant-husband and the respondent-wife.
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C.M.A.No.34 of 2021
6. In view of the above settlement, Registry is directed to list
Crl.R.C. Nos.381/2020 and 398/2020 filed by the parties for
withdrawal, before the appropriate Court, if any such Memo of
Withdrawal is filed by them.
7. The Civil Miscellaneous Appeal is disposed of accordingly.
However, there shall be no order as to cost.
(T.R., J.) (P.R.M., J.)
25.02.2021
Index : Yes/No
Asr
To
The V Additional Judge, Family Court, Chennai
https://www.mhc.tn.gov.in/judis/
C.M.A.No.34 of 2021
T.RAJA, J.
and
P.RAJAMANICKAM, J.
Asr
C.M.A. No.34 of 2021
25.02.2021
https://www.mhc.tn.gov.in/judis/
