Madras High Court
Seetha Vittal vs V.Vittal on 4 February, 2022
C.M.A.Nos.701 of 2015 etc.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.02.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
AND
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.A.Nos.701 of 2015, 2825 of 2019 and C.R.P.(PD)No.4415 of 2012
C.M.A.No.701 of 2015:
Seetha Vittal
W/o Vittal .. Appellant
-vs-
V.Vittal .. Respondent
Memorandum of Grounds of Civil Miscellaneous Appeal filed under
Section 19 of the Family Courts Act, 1984, against the fair and decretal
order dated 08.11.2012 made in I.A.No.1490 of 2011 in O.P.No.1536 of
2010 on the file of the I Additional Principal Judge, I Additional Family
Court, Chennai.
For Appellant :: Ms.A.Arulmozhi
For Respondent :: Mr.P.V.S.Giridhar for
M/s Giridhar & Sai Associates
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C.M.A.Nos.701 of 2015 etc.
C.M.A.No.2825 of 2019:
Vittal.V .. Appellant
-vs-
Seetha
D/o S.Radhakrishnamoorthy .. Respondent
Memorandum of Grounds of Civil Miscellaneous Appeal filed under
Order XLIII, Rule 1 of the Civil Procedure Code, against the fair and
decretal order dated 23.07.2018 made in I.A.No.1639 of 2012 in
O.P.No.1536 of 2010 on the file of the learned V Additional Principal Judge,
V Additional Family Court, Chennai.
For Appellant :: Mr.P.V.S.Giridhar for
M/s Giridhar & Sai Associates
For Respondent :: Ms.A.Arulmozhi
C.R.P.(PD) No.4415 of 2012:
Mr.V.Vittal .. Petitioner
-vs-
Mrs.Seetha Vittal
W/o Mr.V.Vittal .. Respondent
Memorandum of Grounds of Civil Revision Petition under Article 227
of the Constitution of India, against the fair and decretal order dated
08.11.2012 made in I.A.No.1490 of 2011 in O.P.No.1536 of 2010 on the
file of the learned I Additional Principal Judge, I Additional Family Court,
Chennai.
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C.M.A.Nos.701 of 2015 etc.
For Petitioner :: Mr.P.V.S.Giridhar for
M/s Giridhar & Sai Associates
For Respondent :: Ms.A.Arulmozhi
JUDGMENT
(Judgment of the Court was made by T.RAJA, J.)
1.1. C.M.A.No.701 of 2015 has been filed by Mrs.Seetha Vittal, W/o
Mr.V.Vittal aggrieved by the order dated 8.11.2012 made in I.A.No.1490 of
2011 in O.P.No.1536 of 2010, in and by which the learned I Additional
Principal Judge, I Additional Family Court, Chennai has directed the
respondent-Husband to pay a sum of Rs.30,000/- per month from the date of
petition i.e., 19.4.2011 towards interim maintenance; a sum of Rs.2,000/-
towards travelling expenses for every hearing and also to pay a sum of
Rs.10,000/- towards litigation expenses, to the appellant-Wife.
1.2. C.R.P.(PD) No.4415 of 2012 has been filed by Mr.V.Vittal
aggrieved by the aforesaid order directing him to pay the interim
maintenance, travelling and litigation expenditure to his wife.
1.3. C.M.A.No.2825 of 2019 has been filed by Mr.V.Vittal aggrieved
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C.M.A.Nos.701 of 2015 etc.
by the order dated 23.7.2018 made in I.A.No.1639 of 2012 in O.P.No.1536
of 2010, in and by which the learned V Additional Principal Judge, V
Additional Family Court, Chennai has granted an order of temporary
injunction restraining him and his mother from alienating the petition
mentioned property till the disposal of the O.P.No.1536 of 2010 filed by the
husband for divorce under Section 13(1)(i-a) of the Hindu Marriage Act.
Therefore, all the matters are taken up together and disposed of by this
common judgment. For convenience, the Wife will be referred to as the
'Appellant' and the Husband will be referred to as the 'Respondent' in this
judgment.
2. When the matters were taken up, Ms.A.Arulmozhi, learned counsel
appearing for the Appellant and Mr.P.V.S.Giridhar, learned counsel
appearing for the Respondent jointly submitted that during the pendency of
these matters, the parties have decided to settle the issues amicably by filing
a petition for divorce on mutual consent on the terms and conditions
mentioned in the joint compromise memo and requested this Court to take
on record the joint compromise memo dated 2.1.2022 filed and signed by
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C.M.A.Nos.701 of 2015 etc.
both the parties as well as their counsels.
3. Mrs.A.Arulmozhi, learned counsel appearing for the Appellant
submitted that the Respondent has promised to deposit a sum of
Rs.60,00,000/- (Rupees sixty lakhs only) before this Court to the credit of
the C.M.A.No.701 of 2015 & C.R.P.(PD)No.4415 of 2012 within three
weeks time and the Appellant is also willing to receive the same; that the
Appellant shall file a memo for withdrawal of all miscellaneous applications
filed by her in O.P.No.1536 of 2010; that the Appellant shall withdraw the
D.V.C.No.15 of 2019 on the file of the learned V Additional Junior Civil
Judge, Tirupati and any other proceedings filed by her, if any; that the
Appellant shall file an affidavit of no objection and cooperate with all
necessary procedures to quash the C.C.No.242 of 2011, now renumbered as
C.C.No.85 of 2019.
4. Mr.P.V.S.Giridhar, learned counsel appearing for the Respondent
also submitted that the Respondent shall file proceedings in the High Court
of Andhra Pradesh to quash the charge sheet and all proceedings in
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C.M.A.Nos.701 of 2015 etc.
C.C.No.242 of 2011 against the Respondent and his family members,
namely, Mr.V.Sridhar, Mrs.V.Yathugiri Sridhar, Mrs.Vidula Pramodh
pending before the Magistrate Court, Vijayawada, which has been now
transferred to III Additional Civil Court, Tirupati and renumbered as
C.C.No.85 of 2019. Both the learned counsels appearing for the parties also
submitted that since that the process of withdrawal/closing of the cases shall
be completed before the date of order to be passed in the petition for divorce
on mutual consent and the parties also agree to file a joint petition for
waiving the six months waiting period for getting the decree of divorce on
mutual consent, the civil miscellaneous appeals and the civil revision petition
can be disposed of taking on record the joint compromise memo filed before
this Court.
5. Accepting their joint request, we take on record the joint
compromise memo dated 2.1.2022 filed and signed by both the parties as
well as their counsels. Three weeks time is granted to the Respondent to
furnish the Demand Draft for a sum of Rs.60,00,000/- (Rupees sixty lakhs
only) in favour of the Appellant before the I Additional Family Court,
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C.M.A.Nos.701 of 2015 etc.
Chennai, instead of depositing before this Court. Needless to mention that
the application for granting the decree of divorce on mutual consent will be
taken up by the I Additional Family Court, Chennai only on furnishing of
the demand draft for the aforesaid amount and also on production of the
orders quashing the proceedings in C.C.No.242 of 2011 pending before the
Magistrate Court, Vijayawada, which has been now transferred to III
Additional Civil Court, Tirupati and renumbered as C.C.No.85 of 2019 and
also the proceedings in D.V.C.No.15 of 2019 pending before the learned V
Additional Junior Civil Judge, Tirupati and all other proceedings whatsoever
against the parties. With these observations, the civil miscellaneous appeals
and the civil revision petition shall stand disposed of in terms of the joint
compromise memo which shall form part of the decree. Consequently,
M.P.No.1 of 2012 & C.M.P.No.14699 of 2019 are closed. However, there
is no order as to costs.
Speaking/Non speaking order (T.R.,J.) (D.B.C., J.)
Index : yes/no 04.02.2022
ss
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C.M.A.Nos.701 of 2015 etc.
To
1. The I Additional Principal Judge
I Additional Family Court
Chennai
2. The V Additional Principal Judge
V Additional Family Court
Chennai
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C.M.A.Nos.701 of 2015 etc.
T.RAJA, J.
and
D.BHARATHA CHAKRAVARTHY, J.
ss
C.M.A.Nos.701 of 2015 etc.
04.02.2022
https://www.mhc.tn.gov.in/judis
