Madras High Court
Radhakrishnan vs Sivarani on 8 September, 2022
C.M.S.A.(MD)No.10 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.09.2022
CORAM :
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
C.M.S.A.(MD)No.10 of 2016
and
C.M.P(MD)No.3453 of 2016
Radhakrishnan ...Appellant
Vs.
Sivarani ...Respondent
PRAYER: Civil Miscellaneous Second Appeal filed under Section 28 of
Hindu Marriage Act, 1956 r/w Section 100 of Code of Civil Procedure, 1908,
to set-aside the judgment and decree dated 21.03.2014 made in
H.M.C.M.A.No.15 of 2012 on the file of the 6th Additional District Court,
Madurai, reversing the judgment and decree dated 10.09.2012 made in
HMOP No.93 of 2010 on the file of the third Additional Sub Court, Madurai.
For Appellant : Mr.V.George Raja
For Respondent : Mr.T.C.S.Thillainayagam
1/4
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C.M.S.A.(MD)No.10 of 2016
JUDGMENT
This Civil Miscellaneous Appeal is filed to set-aside the judgment and
decree dated 21.03.2014 made in H.M.C.M.A.No.15 of 2012 on the file of
the 6th Additional District Court, Madurai, reversing the judgment and decree
dated 10.09.2012 made in HMOP No.93 of 2010 on the file of the third
Additional Sub Court, Madurai.
2. When the matter was called, the learned Counsel for the appellant
submitted that the appellant/husband concedes the order of the Court below,
granting divorce. However, he has only raised an objection regarding
quantum of monthly maintenance. The said amount is exorbitant and the
appellant has not able to pay the amount.
3.Per contra, the learned counsel for the respondent submitted that a
lumpsum quantum may be fixed.
4.At this juncture, the appellant /husband agrees to pay a sum of
Rs.6,00,000/- to the respondent/wife as one time settlement. Therefore,
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C.M.S.A.(MD)No.10 of 2016
recording the same, the present Civil Miscellaneous Appeal may be disposed
of.
5.The learned Counsel for the respondent/wife would also agree for
the same.
6.Considering the submission made by the learned counsel appearing
on either side, this Court confirms the order of the Court below granting
divorce to the appellant and respondent herein. In sofar the maintenance is
concerned, the appellant/husband is directed to deposit a sum of
Rs.6,00,000/- to the credit of H.M.O.P.No.93 of 2010 on the file of the Third
Additional Sub Court, Madurai, within a period of three months. On such
deposit, the respondent/wife is granted liberty to withdraw the said amount.
Accordingly, this Civil Miscellaneous Second Appeal is disposed of.
No costs. consequently, connected miscellaneous petition is closed.
08.09.2022
Index :Yes/No
Internet:Yes/No
cp
https://www.mhc.tn.gov.in/judis
C.M.S.A.(MD)No.10 of 2016
A.A.NAKKIRAN , J.
cp
To
1. 6th Additional District Court,
Madurai.
2. Third Additional Sub Court,
Madurai.
3.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
C.M.S.A.(MD)No.10 of 2016
and
C.M.P(MD)No.3453 of 2016
08.09.2022
https://www.mhc.tn.gov.in/judis
