Arivazhagan vs Chitra
2023 Latest Caselaw 14202 Mad

                                                                            C.M.S.A.(MD)No.43 of 2010


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 06.11.2023

                                                    CORAM:

                           THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                         C.M.S.A.(MD)No.43 of 2010
                                                       and
                                         C.M.P.(MD)No.4339 of 2022


                    Arivazhagan                                             ... Appellant


                                                       Vs.

                    1.Chitra

                    2.Gunaseelan                                            ... Respondents


                    PRAYER: Civil Miscellaneous Second Appeal filed under Order 43, Rule
                    1 and Section 104 of C.P.C., read with Section 100, against the Judgment
                    and decree dated 19.03.2010 passed in C.M.A.No.22 of 2007 on the file of
                    the District Court, Karur, reversing the Judgment and decree dated
                    14.02.2007 passed in H.M.O.P.No.60 of 2005 on the file of Sub Court,
                    Karur.

                                      For Appellant      : Mr.S.S.Sundar

                                      For R-1            : Mr.S.Gokul Raj

                                      For R-2            : No appearance


                    1/4
https://www.mhc.tn.gov.in/judis
                                                                          C.M.S.A.(MD)No.43 of 2010


                                                   JUDGMENT

This Civil Miscellaneous Second appeal is filed, against the

Judgment and decree dated 19.03.2010 passed in C.M.A.No.22 of 2007 on

the file of the District Court, Karur, reversing the Judgment and decree

dated 14.02.2007 passed in H.M.O.P.No.60 of 2005 on the file of Sub

Court, Karur.

2. Heard, the learned Counsel appearing for the appellant, the

learned Counsel appearing for 1st respondent and perused the materials

available on record.

3. In view of the Mediation which was held on 24.06.2022, the

compromise has been arrived, between the appellant/husband and the 1st

respondent/wife. The appellant/husband agreed to pay a sum of Rs.

6,50,000/- (Rupees Six Lakhs and Fifty Thousand only) and the 1st

respondent/wife agreed to receive the same. The 1st respondent/wife

received an amount of Rs.6,50,000/- (Rupees Six Lakhs and Fifty

Thousand only) from the appellant on 18.06.2022 towards permanent

https://www.mhc.tn.gov.in/judis C.M.S.A.(MD)No.43 of 2010

alimony. The appellant/husband agreed to withdraw the allegations leveled

as against the respondents in the H.M.O.P and C.M.S.A. The Mediation

Report will form a part and parcel of the Judgment and Decree of this

CMSA.

4.In view of the above, this Civil Miscellaneous Second Appeal is

allowed. There shall be no order as to costs. Consequently, connected

miscellaneous petition is closed.

06.11.2023

NCC : Yes / No Index : Yes / No Internet : Yes Sml

To

1.The Principal District Judge, District Court, Karur.

2.The Principal Subordinate Judge, Karur.

Copy to

The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.S.A.(MD)No.43 of 2010

L.VICTORIA GOWRI, J.,

Sml

C.M.S.A.(MD)No.43 of 2010

06.11.2023

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