Madras High Court
V.Haritha Lakshmi vs N.Prasad on 10 September, 2024
Author: J.Nisha Banu
Bench: J.Nisha Banu
C.M.A. Nos.1140 and 1131 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.09.2024
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
AND
THE HONOURABLE MRS. JUSTICE R.KALAIMATHI
C.M.A.Nos.1140 and 1131 of 2022
V.Haritha Lakshmi .... Appellant in both the appeals
Vs.
N.Prasad
S/o K.Nammalvar .... Respondent in both the appeals
Civil Miscellaneous Petitions filed under Section 19 of Family
Court Act 1955 against the judgment and decree dated 30.09.2021
passed in O.P.Nos.3796 of 2016(in respect of CMA No.1140 of 2022)
and 3110 of 2015 ( in respect of CMA No.1131 of 2022) by the III
Additional Principal Family Court, Chennai.
For Appellant : Ms.A.Syed Kaleesha
For Respondent : Mrs.K.Santhakumari
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C.M.A. Nos.1140 and 1131 of 2022
COMMON ORDER
(The order of the Court was made by Mrs.J.Nisha Banu,J.)
C.M.A.No.1131 of 2022 has been filed by the appellant/wife
challenging the judgment and decree dated 30.09.2021 passed in
O.P.No.3110 of 2015 by the III Additional Family Court, Chennai,
granting divorce in favour of the respondent/husband. C.M.A.No.1140 of
2022 has been filed by the appellant/wife challenging the judgment and
decree dated 30.09.2021 passed in O.P.No.3796 of 2016 by the III
Additional Family Court, Chennai, dismissing the petition filed by the
appellant/wife seeking for a direction to the respondent/husband to
perform conjugal duties.
2. When the matter came up before this Court on 13.08.2024, the
learned counsel for the appellant had stated that after divorce, the
respondent/husband remarried and he is having two children. This Court
suggested the respondent/husband to make one time settlement in favour
of the minor child so that the interest amount can be utilised for the
welfare of the minor child. After negotiation, the respondent/husband
agreed to pay Rs.25 lakhs in favour of the minor child. Accordingly, the
matter is posted today for the respondent to bring the Demand Draft for
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C.M.A. Nos.1140 and 1131 of 2022
Rs.25 lakhs in favour of the minor child.
3. Today, the appellant and the respondent are present before this
Court. The respondent/husband produced a Demand Draft dated
02.09.2024 in the name of the minor child-Pranavi Prasad, drawn in Axis
Bank, Periyar Nagar Branch, Chennai in D.D.No.029918 for a sum of
Rs.25,00,000/- (Rupees Twenty Five Lakhs only). The appellant/wife
agreed for the said amount and received the said Demand Draft across
the Bar. The appellant /wife is directed to deposit the said amount in a
fixed deposit scheme, till the minor child attains the age of majority and
the interest accrued thereon shall be withdrawn by the appellant/wife
once in three months, directly from the Bank.
4. Since the respondent/husband had already remarried and having
two children, there will no useful purpose in prosecuting these Civil
Miscellaneous Petitions. Moreover, the appellant/wife has also received
the demand draft of Rs.25 lakhs given by the respondent as one time
settlement. Therefore, the judgment and decree of divorce granted by the
III Additional Family Court, Chennai, in O.P.No.3110 of 2015 dated
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C.M.A. Nos.1140 and 1131 of 2022
30.09.2021, is confirmed. Accordingly, C.M.A.No.1131 of 2022 is
dismissed and C.M.A.No.1140 of 2022 is disposed of. No costs.
(J.N.B,J.) (R.K.M., J.)
Index : Yes / No 10.09.2024
Internet : Yes
vsi
To
III Additional Principal Family Court,
Chennai
J. NISHA BANU, J.
and
https://www.mhc.tn.gov.in/judis
C.M.A. Nos.1140 and 1131 of 2022
R.KALAIMATHI,J.
vsi
C.M.A Nos.1140 and 1131 of 2022
10.09.2024
https://www.mhc.tn.gov.in/judis
