Citation : 2022 Latest Caselaw 1484 Mad
Judgement Date : 31 January, 2022
Judgment dated 31.01.2022 in
C.M.A.No.3244 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRDAS
Dated: 31.01.2022
Coram:
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.A.No.3244 of 2021
and
C.M.P.No.18462 of 2021
K.A.Emmanuel Leorn Shathish
S/o Mr.K.A.Ebenezer .. Appellant
Vs.
Iyda Ruth,
D/o Mr.D.Nallathambi Abraham .. Respondent
Civil Miscellaneous Appeal filed under Section 19(1) of the Family Courts
Act, 1984, against the fair and decretal order dated 06.05.2021 made in
F.C.I.A.No.3 of 2019 in F.C.I.D.O.P.No.159 of 2019 on the file of the Family
Court, Chengalpattu.
For appellant : Mr.S.William
For respondent: M/s.K.Sumathi for M/s.Radhika Boopathi (caveator)
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https://www.mhc.tn.gov.in/judis
Judgment dated 31.01.2022 in
C.M.A.No.3244 of 2021
JUDGMENT
(The Judgment of the Court was delivered by T.Raja,J)
The appeal is heard through video-conferencing.
2. The appellant-K.A.Emmanuel Leorn Shathish and the respondent-Iyda
Ruth, have filed a Joint Memorandum of Compromise, dated 27.01.2022, signed
by them and their respective learned counsels, with a request to record the
same and to pass suitable orders.
3. In the Joint Memorandum of Compromise, dated 27.01.2022, the
appellant/husband stated that he would withdraw I.D.O.P.No.159 of 2019
pending on the file of the Principal Judge, Family Court, Chengalpet. It is further
stated that both the husband and wife would file a petition for divorce by mutual
consent under Section 10-A of the Indian Divorce Act. The appellant/husband
has further agreed to pay a sum of Rs.5,00,000/- towards full and final
settlement for maintaining his child by way of Demand Draft. In the said Joint
Memorandum of Compromise, both husband and wife agreed not to claim
maintenance or alimony from each other.
4. In view of the above compromise entered into between the parties,
recording the terms of the Joint Memorandum of Compromise, dated 27.01.2022,
as stated thereunder, this appeal is disposed of in terms thereof. The Joint
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https://www.mhc.tn.gov.in/judis Judgment dated 31.01.2022 in C.M.A.No.3244 of 2021
Memorandum of Compromise shall form part of the decree in the present
appeal. There shall be no order as to costs in this appeal. Consequently, C.M.P.
is closed.
(T.R.J) (D.B.C.J)
31.01.2022
Speaking Order: Yes/no
cs
To
1. The Judge, Family Court, Chengalpattu.
2. The Section Officer, V.R. Section, High Court, Madras.
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https://www.mhc.tn.gov.in/judis Judgment dated 31.01.2022 in C.M.A.No.3244 of 2021
T.RAJA, J and D.BHARATHA CHAKRAVARTHY, J
cs
C.M.A.No.3244 of 2021
31.01.2022
Page No.4/4
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