Madras High Court
M.Murugan vs Bhuvaneswari on 9 March, 2021
C.M.A(MD)Nos.444 & 445 of 2016
& C.M.P(MD)No.5863 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.03.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A(MD)Nos.444 & 445 of 2016
and
C.M.P(MD)No.5863 of 2016
M.Murugan ... Appellant/
Respondent in both C.M.As'
Vs.
Bhuvaneswari ... Respondent/
Petitioner in both C.M.As'
Common Prayer: Civil Miscellaneous Appeals filed under Section 19 of
the Family Court Act, 1980 against the fair and executable order,
dated 26.04.2016 passed in H.M.O.P.Nos.583 of 2015 and 59 of 2008
on the file of the Family Court, Madurai.
For Appellant : Mr.Ram Sundar Vijayaraj
(in both C.M.As') for Mr.C.Jegannathan
For Respondent : Mr.S.C.Herold Singh
(in both C.M.As')
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C.M.A(MD)Nos.444 & 445 of 2016
& C.M.P(MD)No.5863 of 2016
COMMON JUDGMENT
(Judgment of the Court was delivered by
PUSHPA SATHYANARAYANA,J.)
These Civil Miscellaneous Appeals are filed by the
appellant/husband against the fair and executable orders made in
H.M.O.P.Nos.583 of 2015 and 59 of 2008, dated 26.04.2016, on the
file of the Family Court, Madurai.
2.Earlier, the matters were referred to the Mediation and
Conciliation Centre attached to this Bench and the parties appeared
before the Mediation Centre and resolved their dispute amicably which
is reduced to writing. The terms of the settlement agreement, dated
01.03.2021, are as follows:
“A) The appellant Murugan agreed to settle the issue and
is ready and willing to pay a sum of Rs.40,00,000/- (Rupees
Forty Lakhs Only) towards full and final settlement to the
respondent wife. Thereby the appellant agrees to pay a sum of
Rs.20,00,000/- (Rupees Twenty Lakhs Only) to the respondent
herein and another sum of Rs.20,00,000/- (Rupees Twenty
Lakhs Only) to their daughter namely Vaishnavi.M by demand
draft. The appellant agrees to pay the said amount on or before
10.06.2021 before the Mediator.
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C.M.A(MD)Nos.444 & 445 of 2016
& C.M.P(MD)No.5863 of 2016
B) The respondent herein is ready and willing to
withdraw the M.C.No.161 of 2017 pending on the file of the
Family Court, Madurai.
C) On receipt of the said amount, the respondent agrees
that she have no objection to allow C.M.A(MD)Nos.446 and 445
of 2016 pending on the file of this Court.
D) On receipt on the said amount, both the parties
agrees to break the marriage held on 17.03.2002 at
J.K.Thirumana Mandapam, nearby Mappilai Vinayagar Theatre,
Madurai.
E) The appellant being the owner of undivided/household
share ie., 1-1/2 cents which is situated in Madurai, Kochadai,
Kalankoil Street is ready and willing to settle the said property
in the name of his daughter M.Vaishnavi through family
settlement. It is made clear that the settlement will take effect
after the demise of the appellant Murugan's mother named
Santhanam W/o.Late.Muthu. The appellant agrees to sell the
property mentioned above and pay the sale proceeds to his
daughter M.Vaishnavi in future”.
3.As per the settlement agreement, a sum of Rs.40,00,000/-
(Rupees Forty Lakhs Only) has to be paid on or before 10.06.2021.
After which, the marriage solemnized between them on 17.03.2002
would get dissolved.
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C.M.A(MD)Nos.444 & 445 of 2016
& C.M.P(MD)No.5863 of 2016
4.In Clause (E) of the settlement agreement, it is stated that the
appellant would settle the extent of 1-1/2 cents of undivided share in
favour of his daughter. It is now agreed that the mother of the
appellant, namely Santhanam, W/o.late.Muthu will have a life interest
over the same and thereafter, it will vest with the daughter of the
appellant/M.Vaishnavi absolutely.
5.Both the learned counsels also agree for the above
arrangement and that the appellant would execute a settlement deed
on the above terms.
6.The settlement agreement, dated 01.03.2021, filed by the
parties, counter-signed by their counsels, is taken on record.
7.In the result, these Civil Miscellaneous Appeals are disposed of
in terms of the settlement agreement filed by the parties. The said
settlement agreement, dated 01.03.2021 shall form part of the
decree. No costs. Consequently, connected Miscellaneous Petition is
closed.
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C.M.A(MD)Nos.444 & 445 of 2016
& C.M.P(MD)No.5863 of 2016
8.For reporting compliance, post these matters on
21.06.2021.
[P.S.N.,J] [S.K.,J.]
09.03.2021
Index :Yes/No
Internet :Yes/No
ps
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 advocate
/ litigant concerned.
To
1.The Judge,
Family Court,
Madurai.
2.The V.R Section (Records),
Madurai Bench of Madras High Court,
Madurai.
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C.M.A(MD)Nos.444 & 445 of 2016
& C.M.P(MD)No.5863 of 2016
PUSHPA SATHYANARAYANA,J.
and
S.KANNAMMAL,J.
ps
C.M.A(MD)Nos.444 & 445 of 2016
09.03.2021
http://www.judis.nic.in
