J.Alexandar vs Sakila
2022 Latest Caselaw 18015 Mad

                                                                                C.M.S.A.(MD)No.16 of 2011



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 Dated : 02.12.2022

                                                      CORAM

                                  THE HONOURABLE MRS. JUSTICE R. THARANI

                                             C.M.S.A.(MD)No.16 of 2011


            J.Alexandar                                 .. Appellant / Respondent / Petitioner

                                                        Vs.


             Sakila                                     .. Respondent / Appellant / Respondent


            Prayer: This Civil Miscellaneous Second Appeal is filed under Section 100 of the

            Code of Civil Procedure r/w. Section 13 (1) of Hindu Marriage Act, against the

            judgment and decree dated 30.08.2010 made in C.M.A.No.7 of 2009 on the file of

            the District Court, Karur, reversing the judgment and decree, dated 06.09.2005,

            made in H.M.O.P.No.16 of 2003, Sub Court Karur.


                            For Appellant               : Mr.V.Janakiramulu
                            For Respondent              : Mr.N.Shanmuga Selvam




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                                                                              C.M.S.A.(MD)No.16 of 2011



                                                 JUDGMENT

The learned counsel for the appellant and the learned counsel for the

respondent are present. The appellant is the husband and the respondent is the wife.

2. A joint compromise memo was filed by both the parties. Both the

appellant and the respondent were present in person. Both the appellant and the

respondent and their counsel signed a joint memo, wherein, it is admitted that the

wife is willing to receive a sum of Rs.9,25,000/- as one time settlement and she has

undertaken to withdaw M.C.No.7 of 2005 and Crl.M.P.No.1 of 2021 on the file of

the Family Court, Karur. The wife has no objection in allowing the appeal praying

for dissolution of marriage.

3. The husband undertake to pay a sum of Rs.9,25,000/- to the wife

towards one time settlement. He would undertake to pay Rs.5,00,000/- within a

period of one month from today, ie. on or before 03.01.2023. He would further

undertake to pay a sum of Rs.4,25,000/-, within a period of three months from today,

ie. on or before 03.03.2023.

https://www.mhc.tn.gov.in/judis C.M.S.A.(MD)No.16 of 2011

4. Both the parties accepted this terms. The joint compromise memo is

recorded.

5. In view of the settlement arrived between the parties, the appeal is

allowed. The joint compromise memo shall form part and parcel of the decree. Any

deviation in complying the condition, will amount to disobedience of the Court

order. No costs.

                                                                                       02.12.2022
            Index    : Yes/No
            Internet : Yes/No
            Ls

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 District Judge, Karur,

2.The Sub Judge, Karur.

3.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.S.A.(MD)No.16 of 2011

R. THARANI, J.

Ls

Judgment made in C.M.S.A.(MD)No.16 of 2011

02.12.2022

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