M. Nirmala Devi vs Dr.K.Parthiban
2023 Latest Caselaw 11084 Mad

                                                                                   CMA.No.783 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 23.08.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                          and

                                  THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

                                       Civil Miscellaneous Appeal No.783 of 2018
                                               and CMP No.6616 of 2018

                     M. Nirmala Devi                                              ... Appellant

                                                          Vs
                     Dr.K.Parthiban                                               ... Respondent


                     Prayer: This Civil Miscellaneous Appeal filed under Section 19 of the

                     Family Courts Act, to set aside the order and decree dated 14.03.2017 made

                     in I.a.No.2655 of 2012 in O.P.No.2984 of 2012 by the learned II Additional

                     Family Court, Chennai and allow the Civil Miscellaneous Appeal by

                     directing the respondent to pay Rs.40,000/- as monthly maintenance for the

                     appellant and the minor son Arjun from the date of filing of the I.A.




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https://www.mhc.tn.gov.in/judis
                                                                                    CMA.No.783 of 2018



                                           For Appellant       : M/s.A.Arulmozhi

                                           For Respondent      : Mr.R.Sureshkumar
                                                                 for M/s.K.M.Vijyan Associates


                                                    JUDGMENT

The Appeal is filed by the wife against an order granting interim

maintenance at Rs.13,000/- for herself and the minor child.

2. Pending Appeal, the parties have settled the dispute among

themselves and the Memorandum of Understanding dated 23.08.2023 has

also been filed. As per the said Memorandum of Understanding, the

husband has paid a sum of Rs.10,00,000/- (Rs. Ten lakhs only) by way of a

Demand Draft and he has also agreed to pay a further sum of Rs.60,00,000/-

(Rs. Sixty Lakhs only) within two months from the date of execution of the

Memorandum of Understanding i.e. today. This seventy lakhs is paid as

permanent alimony in full quit of the maintenance claimed for the wife and

child. There are other terms also in the Memorandum of Understanding

relating to the cases pending and also agreeing to seek divorce by mutual

consent before the Family Court, Chennai. The parties are also present and

https://www.mhc.tn.gov.in/judis CMA.No.783 of 2018

they affirmed the Memorandum of Understanding. Clause 10 of the

Memorandum of Understanding also states that the husband/father of the

child is willing to contribute and share the cost of any future medical care

that may be required for the boy considering the fact that he is an autistic

child.

3. In view of the above, the Civil Miscellaneous Appeal is

disposed of in terms of the Memorandum of Understanding. The

Memorandum of Understanding shall form part of the decree. The parties

will bear their own costs. Consequently, the connected miscellaneous

petition is closed.

(R.SUBRAMANIAN, J.) (R.KALAIMATHI, J.) 23.08.2023 jv

Index: No Internet: Yes Non speaking order Neutral Citation: No

https://www.mhc.tn.gov.in/judis CMA.No.783 of 2018

To

1.The Additional Family Judge, II Additional Family Court, Coimbatore.

2.The Section Officer, VR Section, Madras High Court, Chennai.

https://www.mhc.tn.gov.in/judis CMA.No.783 of 2018

R.SUBRAMANIAN, J.

and R.KALAIMATHI, J.

jv

Civil Miscellaneous Appeal No.783 of 2018 and CMP No.6616 of 2018

23.08.2023

https://www.mhc.tn.gov.in/judis