M.S.Sachidanandan v. Umadevi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13/7/2015 C O R A M THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL C.M.A. No.1790 of 2006 M.S.Sachidanandan ...

Appellant Vs Mrs.Umadevi ...

Respondent Appeal filed under Section 19 of the Family Courts Act against the fair and decreetal orders dated 23/7/20014 made in F.C.O.p.No.719 of 2001 on the file of the II Additional Principal Family Court, Chennai.

For appellant ...

Mr.R.Singaravelan For respondents ...

Mr. G.Ramakrishnan

J U D G M E N T

(Judgment of the Court was made by SATISH K. AGNIHOTRI, J.) This Civil Miscellaneous Appeal is directed against the order dated 23/7/2014 passed in F.C.O.P.No.719 of 2001 by the learned II Additional Principal Family Court, Chennai, whereunder the O.P filed by the respondent was dismissed.

2. The parties have settled the dispute before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras and recorded the memo of compromise as under:- "1. Both parties consent that the above CMA may be allowed. The order of dismissal in O.P.No.719 of 2001 may be set aside and O.P.No.719 of 2001 may be returned to file.

The O.P may be converted as one filed under Section 13 (B) of the Hindu Marriage Act.

2. The Appellant hereby undertake to pay a total sum of Rs.6,00,000/- (Rupees Six lakhs only) to his wife and two daughters in settlement and satisfaction of all their claims against him in addition to what all were paid by him already towards maintenance exceeding Rs.5,00,000/- (Rupees five lakhs only).

3. The respondent hereby gives up her claim of future maintenance and marriage expenses of the daughters.

4. The appellant hereby undertakes to withdraw the Appeal No.1790/2006 pending on the file of High Court, Chennai.

5. The appellant has no objection for the respondent to withdraw the sum of Rs.30,000/- already deposited by the petitioner in O.P.No.1123/200 on the file of the Family Court at Palakkad, Kerala.

6. The Appellant hereby undertakes to pay a sum of Rs.6,00,000/- (Rupees six lakhs only) to the respondent in one lumpsum by demand draft on or before 28/2/2015 on such payment the parties hereby agree for dissolving the marriage under Section 13 (B) of the H.M.Act.

7. The appellant shall file an affidavit before the Hon'ble High Court as agreed above.

3. This Civil Miscellaneous Appeal is ordered in terms of the memo of compromise dated 31/10/2014.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar mvs.

To The Presiding Judge, II Additional Family Court Chennai Copy to

1. The Section Officer VR Section, High Court, Madras

2. The Section Officer Judicial Section (To watch filing of affidavit) 2 ccs to Mr.R. Singaravelan, Advocte,l Sr. 35505 C.M.A.No.1790 of 2006 KV (CO) kk 27/7