K.P.Rajkethra v. C.Malathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR. JUSTICE C.SARAVANAN C.M.A. Nos. 1438 and 1439 of 2018 K.P.Rajkethra ...Appellant in both appeals Vs.

C.Malathi ... Sole respondent in CMA 1438/18 & 1st Respondent in CMA 1439/18 R.Nethra(Minor) (Represented by 1st respondent) ... 2nd respondent in CMA 1439/18 Prayer: Appeals filed under Section 19 of the Family Courts Act, 1984 against the fair and decreetal order in I.A.Nos.2510 and 2511 of 2016 in O.P. No. 398 of 2016 on the file of IV Additional Family Court, Chennai, dated 0802-2018. For Appellant : Ms.R.Poornima For Respondents : Mr.D.Gopal

JUDGMENT

(Delivered by M.M.Sundresh,J.) After prolonged negotiation made between the parties with the assistance of their counsel, the following terms have been arrived at:- (i) There shall be a decree for divorce by mutual consent;

(ii) All the allegations made between the

parties stand eschewed;

(iii) The appellant shall deposit a sum of Rs.15 lakhs in the name of the minor child with the mother as the guardian;

(iv) The above said amount will have to be deposited in a Nationalized Bank by way of two installments;

(v) The appellant shall deposit the first installment of Rs.8 lakhs within a period of eight weeks from the date of receipt of a copy of this order and the remaining amount of Rs.7 lakhs will have to be deposited within a period of eight weeks thereafter;

(vi) The above deposits will have to be made in Fixed Deposit which would augment interest, that too in a Nationalized Bank.

The fixed deposit certificates will have to be given by the appellant in favour of the respondent within a period of one week after compliance of the order by this Court;

(vii) The respondent/wife, being the guardian of the child, insofar as the above said deposit is concerned, is entitled to withdraw the accrued interest once in three months;

(viii) The appellant will have to give the sovereign gold chain given by the respondent at the time of the marriage to the respondent within a period of two weeks from the date of receipt of a copy of this order;

(ix) The appellant shall have the custody of the minor child during the second week of every month starting from the month of May, 2019 between 10 a.m. and 5.00 p.m.

The appellant shall return the custody of the child to the respondent after the aforesaid duration;

(x) The respondent may accompany the child during her custody with the appellant;

(xi) The parties are given liberty to file appropriate application before this Court seeking modification of the agreed terms insofar as the custody of the child is concerned.

These appeals stand disposed of in the above terms, as agreed between the parties. The assistance rendered by the counsel stands recorded. No costs. Consequently, connected C.M.P.No. 11493 of 2018 is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ssm To:- The Presiding Officer IV Additional Family Court, Chennai.

+2ccs to Ms.R.Poornima , Advocate SR.No. 36460 and 36459 +2ccs to Mr.D.Gopal , Advocate SR.No. 36400,36401 C.M.A. Nos. 1438 & 1439 of 2018 A.SK(11/07/2019)