V.John Bosco@Don Bosco v. S.M.Jaya Theeba
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.03.2018 CORAM :
THE HON'BLE MR. JUSTICE C.T.SELVAM AND THE HON'BLE MR. JUSTICE M.V.MURALIDARAN C.M.A.No.3523 of 2014 V.John Bosco @ Don Bosco .. Appellant/Petitioner Vs.
S.M.Jaya Theeba .. Respondent/Respondent PRAYER: Appeal against the decree and judgment dated 25.3.2014 passed in I.D.O.P.No.7 of 2010 by the learned Principal District and Sessions Judge, Theni.
For Appellant : Mr.S.Arunachalam for M/s.S.Arunachalam Associates For Respondent: Ms.A.Arul Mary
ORDER
(Delivered by M.V.MURALIDARAN,J.) This Court has reserved this case for orders on 21.11.2017 and the same was listed on 26.03.2018 before this Court on the request made by both the parties. The Civil Miscellaneous Appeal is filed by the appellant calling in question the decree and judgment dated 25.3.2014 passed in I.D.O.P.No.7 of 2010 by the learned Principal District and Sessions Judge, Theni.
2. Pending appeal, the parties have agreed to meet halfway and have reduced the same to writing and the agreement entered into between the parties is to the following effect: "The parties to teh agreement are Christians and were married on 20.02.2009 by Christian rites and customs. Out of their wedlock a daughter Nithil Natasha was born on 14.12.2009. While so, the husband filed a divorce petition in I.D.O.P.7/2009 on the file of District and Sessions Court at Theni. The Petition was dismissed by the Hon'ble Court by its Judgment dated 25.3.2014 against which the petitioner had preferred an appeal in the High Court of Madras in CMA No.3523/2014. There are also other cases filed by both the parties which are disposed of or pending in different Courts.
Under these circumstances the parties are entering into this agreed settlement under the following terms and conditions:
Both the parties have agreed to withdraw all the cases that are pending before different Courts in I.A.No.1 of 2011 in I.D.O.P.7 of 2010 on the file of Principal District Court Theni, the case in E.P.63 of 2012 pending before the Principal Family Court, Chennai, Crl. Appeal No.18/2015 pending before the Principal District Court at Theni, Crl.O.P.No.11463/2013 in the High Court of Judicature, Madurai Bench, the CMA No.3523/2014 pending before the Hon'ble High Court of Madras. The husband agrees to pay a lump sum of Rs.11,50,000/- (Eleven Lakhs Fifty Thousand) only for the upkeep and maintenance of the Child Natasha. This amount is in addition to the total sum of maintenance paid to the Child so far. No further sum shall be claimed as maintenance for the child. The above amount is paid to S.M.Jeya Theeba Today (23.03.2018) in D.D.No.490354 drawn in Indian Overseas Bank, Nehru Park Branch, for the amount of Rs.6,10,000/- and D.D.No.500170 drawn in ICICI Bank, MKB Nagar Branch, for amount of Rs.5,40,000/- and the receipt of which is acknowledged by Mrs.S.M.Jeya Theeba Today (23.03.2018).
This payment is made in full quit and no more amount to be claimed either in the form of Court order or in the form of arrears of Maintenance. The wife is not to claim any maintenance amount from the Husband. However, the maintenance so far paid to the wife as per the orders of the Hon'ble Court from 1.10.2010 will be held by her, and she shall not claim any further amount either directly, or in furtherance to the orders passed by Family Courts or Criminal Courts.
It is also agreed by both the parties that 6 1⁄2 sovereign of gold Thaali chain which the Husband presented to the wife on wedlock will be treated as the property of the child.
The husband agrees the custody of the child will be with the wife and he will have the visitation right once a month on the appointed date, time and place.
Both parties agree to bear their own cost of litigation.
Both the parties agree to withdraw any complaints, if any pending either in police station or before any authority.
Both the parties agree that htere would be no more agitating claims against each other and they would not make any further claims whatsoever either in the form of money, property, jewels, claims or entitlements through court orders passed till date or in any form by the wife from the husband or by the husband from the wife.
Both parties agreed for a mutual divorce and pray for suitable orders from the Hon'ble High Court in C.M.A.No.3523 of 2014.
Both parties agreed not to disturb each others living in any manner here after.
Having agreed to all the stipulation mentioned above both the parties put their signature hereunder at Chennai on this 23rd day of March, 2018."
The agreed settlement had been signed by the parties as well as their respective counsel and the same is taken on record.
3. Accordingly, this appeal is disposed of in terms of the agreed settlement entered into between the parties. The agreed settlement shall form part of the decree. No costs.
4. The Registry is directed to communicate a copy of this judgment along with the agreed settlement entered into between the parties to: (i) The Principal District Judge, Principal District Court, Theni; (ii) The Principal Judge, Principal Family Court, Chennai; and (iii) The Registrar (Judicial), Madurai Bench of the Madras High Court, to enable the Courts concerned to dispose of the matters pending on their file, as stated in the agreed settlement, forthwith.
Xerox Copy of agreed settlement dated 26/03/2018 enclosed. Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar vs
To:
1. The Principal District Judge District Court, Theni.
2. The Principal Judge Principal Family Court Chennai.
3. The Registrar (Judicial) Madurai Bench of Madras High Court Madurai.
+1cc to Mr.Father Xavier, Advocate, S.R.No. 23235 +1cc to Mr.S.Arunachalam, Advocate, S.R.No. 23850 C.M.A.No.3523 of 2014 GP(CO) GN(03/12/2018)