Madras High Court
N.Pushpakaran vs P.Dhanalakshmi on 27 October, 2022
C.M.A.No.248 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.10.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.No.248 of 2017
and C.M.P.No.1653 of 2017
N.Pushpakaran .. Appellant
Vs.
P.Dhanalakshmi ... Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 19 of the Family
Courts Act, 1984, against the order and decree dated 20.01.2016 made in
I.A.No.650 of 2014 in O.P.No.4254 of 2010 on the file of the learned Principal
Judge, Family Court, Chennai.
For Appellant : Mr.R.Krishna Swamy
For Respondent : Mr.M.Ganesan
1/4
https://www.mhc.tn.gov.in/judis
C.M.A.No.248 of 2017
JUDGMENT
(Judgment of the Court was delivered by V.M.VELUMANI,J.)
The appellant/husband filed O.P.No. 4254 of 2010 under Section 13(1)(i-a)
of the Hindu Marriage Act, on the file of the Principal Judge, Family Court,
Chennai, for dissolution of marriage solemnized between the appellant and the
respondent on 18.11.2009. The respondent/wife filed I.A.No.650 of 2014 in
O.P.No.4254 of 2010 of on the file of Principal Judge, Family Court, Chennai, for
a direction to the appellant/husband to return the list mentioned articles as stated
therein. The learned Principal Judge, Family Court, by order dated 20.01.2016,
made in I.A.No.650 of 2014 in O.P.No.4254 of 2010, directed the husband to pay a
sum of Rs.9,000/- per month to the wife towards interim maintenance from the
date of the order ie., 20.01.2016 and Rs.15,000/- towards litigation expenses.
Challenging the said fair and decretal order, the appellant/husband has come out
with the present appeal.
2.When the appeal is taken up for hearing today, both the appellant and
respondent appeared before this Court. They were identified by their respective
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C.M.A.No.248 of 2017
counsels. The learned counsel appearing for the appellant and respondent along
with the parties represented that the parties have arrived at a settlement and filed a
Joint Memo of Compromise dated 27.10.2022, duly signed by both the appellant
as well as respondent and their respective counsel.
3.The learned counsel appearing for the appellant submitted that the
appellant is willing to pay a total sum of Rs. 4,14,000/- towards maintenance at the
rate Rs.9,000/- per month from the date of petition (i.e.) from 29.01.2014 to
28.11.2017 and a sum of Rs.3,54,000/- towards maintenance at the rate of
Rs.6,000/- per month from 29.11.2017 to 28.10.2022 and also Rs.15,000/- towards
Court expenses. The appellant has agreed to pay maintenance at the rate of
Rs.6,000/- per month from 29.10.2022 till the disposal of divorce petition. The
respondent has also agreed to receive the said sum from the appellant and
Rs.6,000/- per month from today till the disposal of the Original Petition.
4.The Joint Memo of Compromise dated 27.10.2022, duly signed by both
the appellant as well as respondent and their respective counsels is taken on file
and the same is recorded.
https://www.mhc.tn.gov.in/judis
C.M.A.No.248 of 2017
V.M.VELUMANI, J.
and
SUNDER MOHAN,J.
vsn
5.Recording the Joint Memo of Compromise and the submissions of the
learned counsel appearing for the appellant as well as the respondent, the Civil
Miscellaneous Appeal is disposed of in terms of joint memo of compromise. The
Joint Memo of Compromise dated 27.10.2022 shall form part of the decree.
Consequently, connected Miscellaneous Petition is closed. No costs.
6.Post the matter for 'reporting compliance' on 25.11.2022.
(V.M.V., J) (S.M., J)
27.10.2022
Index : Yes / No
Internet : Yes / No
vsn
To
1.The Principal Judge
Family Court
Chennai.
2.The Section Officer,
VR Section,
High Court, Madras.
C.M.A.No.248 of 2017
and C.M.P.No.1653 of 2017
https://www.mhc.tn.gov.in/judis
