P.Vijayalakshmi vs G.Uthesh
2022 Latest Caselaw 4829 Mad

                                                                        C.M.A.Nos.418 and 419 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 10.03.2022

                                                        CORAM

                     THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
                                         and
                        THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

                                            C.M.A.Nos.418 and 419 of 2019
                                          and CMP.Nos.1488 and 1493 of 2019



                P.Vijayalakshmi                                 ...Appellant in both CMAs.

                                                         Vs.

                G.Uthesh                                        ...Respondent in both CMAs.


                          Common Prayer: Civil Miscellaneous Appeals filed under Section
                19 of the Family Courts Act, praying that the Hon'ble Court may be pleased
                to set aside the order passed by the learned II Additional Family Court,
                Chennai in HMOP.Nos.1827 of 2011 and 2076 of 2012, dated 29.09.2018.


                                    For Appellant in
                                    both CMAs.            : Mr.Vijendran P.

                                    For Respondent in
                                    both CMAs.            : Mr.Vinayaga Vishnu




https://www.mhc.tn.gov.in/judis
                Page No.1/4
                                                                       C.M.A.Nos.418 and 419 of 2019

                                         COMMON JUDGMENT

                     [Judgment of the Court was delivered K.KALYANASUNDARAM, J]


                          These appeals have been preferred by the wife challenging the

                judgment and decree passed by the II Additional Family Court, Chennai.


                          2. It is seen from the records that OP.No.1827 of 2011 was filed by

                the husband seeking divorce under Section 13(1) (i-a) of the Hindu

                Marriage Act. The wife filed OP.No.2076 of 2012 under Section 9 of the

                Hindu Marriage Act for restitution of conjugal rights. By a common order,

                dated 29.09.2018, the II Additional Family Court, Chennai, granted relief to

                the husband and rejected the case of the wife.



                          3.      Today, when the matter is taken up for hearing, the learned

                counsel appearing for both the parties agreed for divorce on payment of

                permanent alimony of Rs.10,00,000/- (Rupees Ten Lakhs only).


                          4. The learned counsel appearing for the respondent would state that

                the respondent/husband is presently unemployed and the said amount will

                be paid to his wife in 3 installments within a period of 3 months.



https://www.mhc.tn.gov.in/judis
                Page No.2/4
                                                                         C.M.A.Nos.418 and 419 of 2019

                          5. In the light of the submissions of the learned counsel appearing for

                the parties, both the appeals are dismissed. No costs. Consequently,

                connected miscellaneous petitions are closed.




                                                                      [M.K.K.S, J] [V.S.G., J]
                                                                            10.03.2022
                Index      : Yes / No
                Speaking order: Yes/No
                pvs



                To

                1. The II Additional Family Judge,
                   Chennai
                2. The Section Officer,
                   VR Section High Court, Madras.




https://www.mhc.tn.gov.in/judis
                Page No.3/4
                                          C.M.A.Nos.418 and 419 of 2019



                                   K.KALYANASUNDARAM, J.

and V.SIVAGNANAM, J.

pvs

C.M.A.Nos.418 and 419 of 2019

10.03.2022

https://www.mhc.tn.gov.in/judis Page No.4/4