Madras High Court
R.Vinitha vs G.Mathiazhagan on 27 January, 2025
Author: J.Nisha Banu
Bench: J.Nisha Banu
C.M.A.No.2646 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2025
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
and
THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
C.M.A.No.2646 of 2024
and
C.M.P.No.21125 of 2024
R.Vinitha
D/o Ramachandran ..Appellant
Vs.
G.Mathiazhagan,
S/o Govindu ... Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 19 of
the Family Courts Act to set aside the fair and decretal order dated
11.06.2024 in O.P.No.3660 of 2023 on the file of Principal Family Court
at Chennai and allow the Civil Miscellaneous Appeal.
For Appellant : Mr.D.Ramalingam
For Respondent : MrA.Prabakaran
https://www.mhc.tn.gov.in/judis
Page 1/8
C.M.A.No.2646 of 2024
JUDGMENT
(The judgment of the Court was delivered by J.Nisha Banu,J.)
The above Civil Miscellaneous Appeal has been filed by the
appellant/wife against the fair and decretal order dated 11.06.2024
passed in O.P.No.3660 of 2023 by the Principal Family Court at
Chennai. The said O.P., filed for dissolution of marriage by mutual
consent by both the appellant and the respondent, was allowed by the
Family Court.
2. The above appeal has been filed by the appellant/wife stating
that only based on the undertaking and assurance given by the
respondent/husband, the appellant/wife consented for divorce and the
trial Court granted divorce on mutual consent. However, the respondent
failed to comply with the conditions and the trial failed to consider the
non-compliance of the conditions on the part of the respondent/husband.
3. Today, an affidavit has been filed by the respondent which
reads as follows:
I, G.Mathiazhagan, S/o Govindu, Hindu aged
about 39 years, residing at No.6, North Street,
https://www.mhc.tn.gov.in/judis
Kanagachettikulam, Pondicherry - 605 014, now come
down to Chennai and do hereby solemnly affirm and
sincerely state as follows:
1. I am the Respondent in the Civil
Miscellaneous Appeal and as such I am fully acquainted
with the facts of the case and competent to file this
affidavit.
2. I submit that the present Civil Miscellaneous
Appeal was filed by the Appellant herein as against the
order granting divorce by Hon'ble Principal Judge
Family Court, Chennai dated 11.06.2024 in
O.P.No.3660/2023.
3. I submit that earlier I filed divorce on the
ground of cruelty and desertion in
H.M.O.P.No.334/2019 on the file of Family Court,
Pondicherry, as against the Appellant herein
subsequently the same was transferred to the Hon'ble
Principal Judge Family Court, Madras and renumbered
as HMOP No.3899/2022. In pursuant to thereof
mediation was held and due settlement dated 24.07.2023
was executed, thereby we both agreed to file petition for
Divorce on mutual consent and I further agreed to
withdraw the divorce application filed as aforesaid.
4. I submit that except the household articles, the
jewelry belonging to us were exchanged and I, further
https://www.mhc.tn.gov.in/judis
agreed to return back the household articles to the
Appellant at the time of presentation of mutual consent
petition. That apart, I further agreed to pay a sum of
Rs.1,00,000/- to the Appellant and to take fixed deposit
in the name of the daughter Minor.Rubisha for a sum of
Rs.9,00,000/-.
5. I submit that at the time of presentation of
Divorce petition on mutual consent, all the household
articles belonging to the Appellant were returned back
and permanent alimony a sum of Rs.1 lakh was also paid
to the Appellant and fixed deposit in the name of minor
child was taken for sum of Rs.9,00,000/- at SBI
Koonimedu, ECR branch, vice account No.43988938202
on 21.05.2024, having its maturity date 25.06.2025.
6. I submit that as against the order granting
divorce on mutual consent dated 11.06.2024 in
O.P.No.3660/2023, the present Appeal was filed by
Appellant, whereby the Appellant alleged that the
belonging owned by her amounting a sum of Rs.5 lakhs
has not been exchanged. Though all the articles
belonging to us already been exchanged, I specifically
agreed to pay a sum of Rs.2,00,000/- towards the claim
made by the Appellant. In furtherance thereof today -
27.01.2025, I have taken Demand Draft dated
23.01.2025 drawn in the name of Appellant for a sum of
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Rs.2,00,000/- drawn at SBI vide No.162705 and the
same was handover to the Appellant and I further
undertake to revalidate the fixed deposit taken in the
name of the minor child on its maturity date viz.,
25.06.2025 together with accrued maturity value of the
said term deposit in the name of the minor child Miss
M.Rubisha, represented by her mother R.Vinitha- the
Appellant herein and I further agreed to handover the
original term deposit to the Appellant immediately
thereof. Hence, this Affidavit is sworned.
Therefore, it is humbly prayed that this Hon'ble
Court may be pleased to record this Affidavit and to pass
necessary orders in the circumstances of the case and
thus render justice."
4. The above affidavit filed by the respondent/husband is recorded.
From the said affidavit, it is seen that the fixed deposit for a sum of
Rs.9,00,000/- taken in the name of the minor child matures on
25.06.2025.
5. Considering the affidavit filed by the respondent, we are of the
opinion that the respondent may be directed to hand over the Fixed
Deposit Certificate taken in the name of the child after its maturity,
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which is also agreeable by the appellant. Accordingly, this Court directs
the respondent/husband to renew/revalidate the fixed deposit certificate
along with accrued interest in the name of the minor child M.Rubisha,
immediately after its maturity, and thereafter, hand over the fixed deposit
certificate to the appellant viz., R.Vinitha, forthwith.
6.With the above direction, Civil Miscellaneous Appeal is
disposed of. No costs. Consequently, connected miscellaneous petition
is closed.
(J.N.B, J.) (R.S.V., J.)
27.01.2025
vsi
To
1. The Principal Family Court at Chennai
Chennai.
2. The Manager, State Bank of India,
Koonimedu, ECR Branch, Chennai.
3. The Section Officer, Vernacular Records,
High Court,Madras
https://www.mhc.tn.gov.in/judis
J. NISHA BANU, J.
and
R. SAKTHIVEL, J.
vsi
https://www.mhc.tn.gov.in/judis
27.01.2025
https://www.mhc.tn.gov.in/judis
