M.Babu Rao vs S.Suganya
2021 Latest Caselaw 5813 Mad

                                                                                        C.M.A.No.4543 of 2019

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 04.03.2021

                                                           CORAM

                                          THE HONOURABLE MR.JUSTICE T.RAJA

                                                             AND

                                   THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN

                                                    C.M.A.No.4543 of 2019

            M.Babu Rao                                                               .. Appellant

                                                           Versus

            S.Suganya                                                                .. Respondent

            Prayer: Civil Miscellaneous Appeal has been filed under Section 19 of the Family Courts

            Act, 1984, against the fair and decreetal order dated 22.07.2019 made in O.P.No.3036 of

            2015 passed by the learned V Additional Judge, Family Court, Chennai.


                                       For Appellant                : Mr.Sakthivel

                                       For Respondent               : Mr.V.Ramamurthy



                                                         JUDGMENT

(Judgment of the Court was made by T.RAJA, J.)

The appellant/Mr.M.Babu Rao, husband of Mrs.S.Suganya/respondent herein has

filed this Civil Miscellaneous Appeal challenging the impugned fair and decreetal order

passed by the learned V Additional Family Court, Chennai, in O.P.No.3036 of 2015, dated

22.07.2019, dismissing the prayer for dissolution of marriage solemnized on 06.07.2011.

2. Today, when the matter is taken up, Mr.Sakthivel, learned counsel for the https://www.mhc.tn.gov.in/judis/

C.M.A.No.4543 of 2019

appellant/husband has handed over the demand draft bearing No.109248, dated

04.03.2021, drawn on HDFC Bank, Broadway Branch, Chennai, in favour of

respondent/wife(S.Suganya) to the tune of Rs.10,00,000/- (ten lakhs only) to

Mr.V.Ramamurthy, learned counsel for the respondent/wife.

Mrs.S.Suganya/wife/respondent herein, who was present in the Court, has also received

the said demand draft.

3. The parties have also filed a Joint Memo of Compromise dated 04.03.2021

consenting for mutual decree of divorce, in which, the respondent/wife stated that she

undertakes not to pursue the criminal case pending before the VIII Metropolitan

Magistrate Court, George Town, Chennai, in C.C.No.1598 of 2016, and she further stated

that she has no objection for quashing of the said case, for which, she undertakes to

cooperate with the appellant/husband.

4. Since the respondent/wife has been paid with a sum of Rs.10,00,000/- as one time

payment towards permanent alimony and maintenance as contemplated under Section 37

of the Indian Divorce Act, 1869, considering the Joint Memo of Compromise dated

04.03.2021 filed by both parties for mutual decree of divorce, the Civil Miscellaneous

Appeal stands allowed granting divorce with a liberty to both parties to move an

appropriate application for quashing the pending case in C.C.No.1598 of 2016. Needless to

state that the terms and conditions of the Joint Memo of Compromise dated 04.03.2021 https://www.mhc.tn.gov.in/judis/

C.M.A.No.4543 of 2019

entered between both parties shall form part of the judgment. No Costs.

(T.R., J.) (G.C.S., J.) 04.03.2021

rkm Index:yes Speaking

To

V Additional Family Court, Chennai.

T.RAJA, J.

and https://www.mhc.tn.gov.in/judis/

C.M.A.No.4543 of 2019

G.CHANDRASEKHARAN, J.

rkm

C.M.A.No.4543 of 2019

04.03.2021

https://www.mhc.tn.gov.in/judis/