Madras High Court
J.G.Praveen Raj vs J.Simi Paxleal on 19 September, 2023
C.M.A.(MD)Nos.15 & 320 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.09.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A.(MD)Nos.15 & 320 of 2021
and
C.M.P.(MD)Nos.258 & 2714 of 2021
J.G.Praveen Raj ...Appellant in both appeals
/Vs./
J.Simi Paxleal ...Respondent in both appeals
PRAYER in C.M.A.(MD)No.15 of 2021:- Appeal - filed under Section
19 of the Family Courts Act, by setting aside the fair order and decreetal
order passed in I.A.No.02 of 2020 in I.D.O.P.No.67 of 2020 on the file of
the Family Court, Tirunelveli, dated 21.10.2020.
PRAYER in C.M.A.(MD)No.320 of 2021:- Appeal - filed under Section
19 of the Family Courts Act, by setting aside the direction directing the
appellant / petitioner to pay permanent alimony of Rs.10,00,000/- and
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C.M.A.(MD)Nos.15 & 320 of 2021
further the condition that the decree will take effect only on payment of
the said permanent alimony to the respondent in the fair order and
decreetal order passed in I.A.No.67 of 2020 on the file of the Family
Court, Tirunelveli, dated 29.01.2021.
For Appellant : Mr.S.Meenakshi Sundaram
Senior Counsel
for Mr.M.Sengu Vijay (in both appeals)
For Respondent : Mr.KA Ramakrishnan (in both appeals)
COMMON JUDGMENT
(Judgment of the Court was made by DR.ANITA SUMANTH, J.)
Mr.M.Sengu Vijay and Mr.KA Ramakrishnan, learned counsel
appearing on behalf of the parties are present and the parties are also
present in Court. Memo of compromise executed on 13.09.2023 qua the
parties is presented forming part and parcel of this order. The memo
reads thus:
“Memo of Compromise Filed by the Parties
J.G. Praveenraj, Aged 35 yrs the Appellant
in both C.M.A.s and the Petitioner in I.D.O.P No
67/2020 and Respondent in I.A. N. 2 /2020 in
I.D.O.P 67/2020 and herein after will be referred as
the Party of First part.
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C.M.A.(MD)Nos.15 & 320 of 2021
J. Simi Paxleal aged 30 yrs, the
Respondent in both C.M.A.s and the Respondent in
I.D.O.P No 67/2020 and Petitioner in I.A. N. 2/2020
in I.D.O.P 67/2020 and herein after will be referred
as the Party of Second part.
1. It is most respectfully submitted that the marriage
between the Party of 1 part and II part was
solemnized on 11.07.2018 as per Christian rites.
Due to differences arose the parties lived in
separation from 06.09.2018. Therefore the Party of
first part filed the main I.D.O.P. petition for divorce
before the Family Court, Tirunelveli.
2. It is further submitted during the pendency of
main I.D.O.P. 67/2020 the petition for interim
alimony in I.A. No. 02/2020 filed by Party of second
part and an interim alimony of Rs. 7,500/- and
litigation expenses of Rs. 5000/- was ordered on
21.11.2020. This Hon'ble High Court modified the
interim alimony to Rs. 5000/-. The litigation
expenses and interim alimony paid upto disposal of
I.D.O.P.
3. The Family Court, Tirunelveli after full fledged
trial by its judgment and decree dated on 29.01.2021
granted Decree of Divorce u/s 10 (1) (x) of Indian
Divorce Act and on further condition that the decree
of divorce will take effect only on payment of Rs.
10,00,000/- by the Petitioner to the Respondent.
4. The Party of First part preferred both C.M.A.s
against both of said decreetal order in I.A. No.
2/2020 and judgment and decree in main I.D.O.P
No. 67/2020.
5. The Party of First and Second part most
respectfully submit that the Elders and close
Relatives of both parties have held conciliation talks
between the parties and compromised the disputes in
both C.M.A.S concerned. The details of facts of
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C.M.A.(MD)Nos.15 & 320 of 2021
compromise have been stated in the affidavits filed
by each of the parties separately.
6. The Party of the Second part has received back all
of her belongings and the Party of First part
permitted to retain all the gold jewels and articles
belonged him worth permanent alimony granted and
the money given for the marriage expenses. The
Party of the Second party has no more dues either as
interim alimony or as permanent alimony from the
Party First part. Both the parties have settled the
dispute by compromise as under.
7. The Party of the First part prays that C.M.A
(M.D.) No. 15/2021 may kindly be dismissed as not
pressed.
18. Both parties prays that the Decree of Divorce
granted u/s 10 (1) (x) of L.D.O.P No. 67/2020 may
be confirmed and the permanent alimony granted
has been settled out of court on compromise between
the Parties and no more dues is payable by Party of
the First part.”
2. In light of memo of compromise dated 13.09.2023, decree
of divorce granted on 29.01.2021 in IDOP No.67 of 2020 is confirmed.
As regards permanent alimony that was granted, the parties agree that
they have entered into a settlement, as per which the wife has received
back her belongings. The appellant retains the jewels and articles with
him. The respondent concurs that no dues are payable either as interim
or permanent alimony. The parties have amicably settled their disputes.
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C.M.A.(MD)Nos.15 & 320 of 2021
3. In view of the above settlement CMA(MD).No.15 of 2021
stands allowed. Respondent agrees that Clause-3 of order dated
29.01.2021 in IDOP.No.67 of 2020 must be modified and that she does
not insist upon the condition imposed upon the appellant to pay a sum of
Rs.10,00,000/- as permanent alimony. Hence, and based on her
submission, the condition as aforesaid is hereby set aside.
CMA(MD).No.320 of 2021 is partly allowed and decree for divorce
stands confirmed to the extent as above. No costs. Consequently,
connected miscellaneous petitions are closed.
[A.S.M.J.,] & [R.V.J.,]
19.09.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes
sm
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)Nos.15 & 320 of 2021
DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
sm
TO:
1.The Family Court, Tirunelveli.
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
Common Judgment made in
C.M.A.(MD)Nos.15 & 320 of 2021
Dated:
19.09.2023
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