R.Babu vs Minor B.Nithila
2021 Latest Caselaw 22196 Mad

                                                                                       C.M.A.No.1686 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 11.11.2021

                                                        CORAM

                                       THE HONOURABLE MR.JUSTICE T.RAJA

                                                          AND

                          THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                                C.M.A.No.1686 of 2019
                                                        and
                                                C.M.P.No.5201 of 2019

            R.Babu                                                                   .. Appellant

                                                        Versus

            Minor B.Nithila
            Rep. By her mother Bakiyalakshmi                                         .. Respondent

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

            Act, 1984, against the fair and decreetal order dated 02.11.2017 passed in I.A.No.2134 of

            2015 in O.P.No.801 of 2015 by the VI Additional Family Court, Chennai.


                                    For Appellant                : Mr.N.Ramesh

                                    For Respondent               : Mr.C.Gurulingam



                                                      JUDGMENT

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

The appellant/R.Babu has filed this Civil Miscellaneous Appeal challenging the

impugned fair and decreetal order passed by the VI Additional Family Court, Chennai, in

I.A.No.2134 of 2015 in O.P.No.801 of 2015, dated 02.11.2017, directing him to pay a sum of

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C.M.A.No.1686 of 2019

Rs.13,000/- per month towards interim maintenance of his minor daughter/B.Nithila from

the date of petition i.e. 10.10.2015 till the date of disposal of the main petition.

2. When the matter is taken up, Mr.C.Gurulingam, learned counsel for the

respondent/minor daughter, represented by her mother Bakiyalakshmi, submitted that

pending this appeal, in the trial Court, the matter has been settled between the parties as

they have mutually agreed for the divorce. It is further further submitted that the

appellant/husband has paid a sum of Rs.7 lakhs towards permanent alimony of his

daughter/respondent herein, who is under the care and custody of her

mother/Bakiyalakshmi, and therefore, nothing survives in the present appeal. The said

submission is recorded.

3. In view of the above, since the matter was already settled between the parties in

the lower Court, nothing survives in the present appeal and accordingly, Civil

Miscellaneous Appeal stands closed. No Costs. C.M.P.N.o.5201 of 2019 is closed.

(T.R., J.) (D.B.C., J.) 11.11.2021

rkm

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

C.M.A.No.1686 of 2019

To

VI Additional Family Court, Chennai.

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

C.M.A.No.1686 of 2019

T.RAJA, J.

and D.BHARATHA CHAKRAVARTHY, J.

rkm

C.M.A.No.1686 of 2019

11.11.2021

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