Madras High Court
Afzal Raheel Hussain vs Zakira Asghar Khan on 28 June, 2023
C.M.A.No.127 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU
AND
THE HON'BLE MR. JUSTICE D.BHARATHACHAKRAVARTHY
C.M.A.No.127 of 2023
and
C.M.P.No.1125 of 2023
Afzal Raheel Hussain ... Appellant
Vs.
Zakira Asghar Khan ...Respondent
Civil Miscellaneous Appeal filed under Section 19 of the Family
Court Act,1984 against the order of the learned V Additional Principal
Family Judge at Chennai dated 01.11.2022 in I.A.No.01 of 2022 in
O.S.No.26 of 2021.
For Appellant : Mr.Bader Sayeed
For Respondent : Mr.Mohammed Fiaz Ali
for Mr.P.N.Vignesh
JUDGMENT
After mediation, both the parties have come to an amicable
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C.M.A.No.127 of 2023
settlement. The mediation report is received with the joint memorandum
of compromise duly signed by both the parties and their counsel.
Therefore, the Civil Miscellaneous Appeal is disposed of in terms of the
joint memorandum of compromise.
2. The Joint Memorandum of Compromise dated 12.06.2023 is
extracted hereunder.
"It is respectfully submitted on behalf of the
Parties hereto as follows:
1. Whereas, Marriage between the
Appellant and Respondent above named was
solemnized on 06.08.2017 at YMCA Madras, 6/74,
Ritherdon Road, Vepery, Chennai according to
Muslim Rites and Customs. In the Wedlock a male
child was born to them and the child was named
as Mohamed Saad. The child is presently 5 years
old and is in the custody of the mother, the
Respondent herein.
2. And Whereas, disputes arose between the
Appellant an the Respondent and several
conciliation attempts were held but failed in
bringing reconciliation. The Appellant has
pronounced Talaq thrice in the Talaq ul Hassan
form and has filed a Suit in O.S.26 of 2021, on the
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C.M.A.No.127 of 2023
file of the V Additional Principal Family Judge at
Chennai seeking a Declaring that the Talaq
notices are validly issued and that the Marriage
solemnized between them stand dissolved as per
Sharia with effect from 15.06.2020 and binding on
the parties.
3. And Whereas, the Respondent had filed
an Interim Application for maintenance in
I.A.No.01 of 2022 in O.S.No.26 of 2021 on the file
of the V Additional Principal Family Judge and
an Order to pay a sum of Rs.25,000/- p.m. was
passed against the Appellant herein and the
Appellant feeling Aggrieved by the said Order has
filed an Appeal before the Hon'ble Madras High
Court, Principal Bench in C.M.A.127 of 2023;
4. And Whereas, the Hon'ble Madras High
Court has referred the case for mediation by the
High Court Mediation Centre and several
sessions were held between 25.04.2023 and
12.06.2023 and the Parties with the assistance of
the Mediator have Mutually decided to give
quietest to all their disputes and have arrived at
Terms as follows:
A. The Parties hereto confirm and Declare
that they have voluntarily and of their own free
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C.M.A.No.127 of 2023
will arrived at this Settlement Agreement in the
presence of the Mediator.
B. The Appellant has agreed to provide a
one time Compensation of a sum of Rs.30,00,000/-
(Rupees Thirty Lakhs only) in lieu of the
maintenance for herself and the child as Full and
Final settlement of all the Claims of the
Respondent by way of D.D. bearing No.0001242,
dated 09.06.2023 and the Respondent has
accepted the said um of Rs.30,00,000/- (Rupees
Thirty Lakhs only) in lieu of the maintenance for
herself and the child as Full and Final Settlement
of all her Claims.
C. The Appellant on this day, 12.06.2023,
delivers to the Respondent the Gold Chain and a
Platinum Ring gifted to the Appellant by the
Respondent's family and both parties agree that
apart from these two items neither party hereto
have any articles or belongings of the other.
D. Both Parties hereto agree that they do
not have any other claims either past, present or
future as between them.
E. The Appellant herein agrees that the
Custody of the child, Mohamed Saad presently 5
years old shall remain permanently with the
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C.M.A.No.127 of 2023
Respondent herein. Further, the appellant agrees
that he shall not seek Custody/ Visitation Rights of
the child in future.
F. The Respondent herein consents for the
Declaration that the Talaq is valid and the
marriage between them stands dissolved with
effect from 15.06.2020 and binding on the Parties
and further consents for the V Additional
Principal Family Judge, Chennai to pass a
Judgment and Decree in O.S.26 of 2021, to this
effect.
G. Both Parties agree for disposal of the
Appeal in C.M.A.No.127 of 2023 by the Hon'ble
High Court of Madras in Terms of this Joint
Compromise Memo.
H. Both parties hereto declare that, apart
from the above referred litigations neither party
have filed any proceedings, Complaints, Suits,
Petitions, Applications, before any Court of Law
or Authorities and if even any proceedings have
been filed and pending without the notice of the
other they shall be deemed to be withdrawn by
this Joint Memorandum of Compromise.
5. By signing this Joint Memorandum of
compromise the Parties hereto agree that all
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disputes and differences between them arising out
of their Matrimonial Relationship have been
settled amicably by them through the process of
Mediation."
The terms of compromise shall form part of the decree.
3. On the consent of the respondent, the suit filed in O.S.No.26 of
2021 on the file of of the V Additional Principal Family Judge at
Chennai, seeking a Declaration that the Talaq notices are validly issued
and that the Marriage solemnized between appellant and the respondent
stand dissolved as per Sharia with effect from 15.06.2020 and binding on
the parties, stands allowed.
4. In the result, the Civil Miscellaneous Appeal is disposed of in
terms of the joint memorandum of compromise. No costs. Consequently,
connected miscellaneous petition is closed.
(J.N.B,J.) (D.B.C, J.)
Index : Yes / No 28.06.2023
Internet : Yes
vsi
Note:
Issue order copy on 30.06.2023
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C.M.A.No.127 of 2023
To
V Additional Principal family Judge
at Chennai.
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C.M.A.No.127 of 2023
J. NISHA BANU, J.
and
D.BHARATHA CHAKRAVARTHY,J.
vsi
C.M.A.No.127 of 2023
28.06.2023
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