← Library
Madras High CourtCRP/323/2016disposed of in memo of compromise

Chandrasekar Sivaram v. Jyotsna Sivakumar

2016-06-13Honourable Mr Justice M.Duraiswamy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :13.06.2016

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(NPD)No.323 of 2016 and C.M.P.No.1722 of 2016 Chandrasekar Sivaram .... Petitioner vs Jyotsna Sivakumar .... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the docket order dated 25.01.2016 in I.A.No.2034 of 2015 in O.P.No.3580 of 2014 on the file of Principal Family Court, Chennai.

For Petitioner : Mr.R. Subramanian For respondent : Mrs.Geetha Ramaseshan

ORDER

The petitioner, who was the husband of the respondent, has filed the above Civil Revision Petition, challenging the fair and decreetal order, passed in I.A.No.2034 of 2015 in O.P.No.3580 of 2014 on the file of Principal Family Court, Chennai.

2.

The respondent/wife filed an Original Petition in O.P.No.3580 of 2014 for divorce on the ground of cruelty. Since the petitioner failed to appear before the Family Court, an ex-parte order of divorce was granted to the respondent/wife on 12.09.2015. The petitioner filed an application in I.A.No.2033 of 2015 to set aside the ex-parte decree and filed another application in I.A.No.2034 of 2015 for permission to be represented through his Power of Attorney. 3.

The Principal Family Court, by its Order dated 25.01.2016, directed the petitioner/husband to appear on 09.02.2016, which order has been challenged by the petitioner in the present Civil Revision Petition.

4.

Mr.R. Subramanian, learned counsel appearing for the petitioner and Mrs.Geetha Ramaseshan, learned counsel appearing for the respondent submitted that the parties have settled the matter out of Court and also entered into a Joint Memo of Compromise on 13.06.2016. The Joint Memo of Compromise has been produced by the learned counsels before this Court, which shall form part of the order. The Joint Memo of Compromise reads as follows: "a. The petitioner agrees that the decree for divorce granted on 12.09.2015 will stand and the marriage stands dissolved as per the decree and judgment dt.12.09.2015.

b. The Petitioner and the Respondent agree that so far as the permanent alimony is concerned the decree may be modified from Rupees One crore to Rs.15,00,000/-(Rupees fifteen lakhs only) payable by the Petitioner to the Respondent which the Petitioner is paying by a Demand Draft No.533664 dated 25.4.2016, drawn on Union Bank, Mylapore Branch, Chennai as full and final

settlement.

c. The Respondent acknowledges the receipt of the DD for Rs.15,00,000/- (Rupees fifteen lakhs only). This amount received by the Respondent being the full and final settlement of permanent alimony shall be in full quit of all claims.

d. The Respondent also states that she will not make any further claim in future against the Petitioner. Similarly, the Petitioner also undertakes not to make any claim against the Respondent.

e.

The Respondent undertakes to withdraw the proceedings initiated by her in CC No.543 of 2015 under the Protection of Women under Domestic Violence Act which is pending before the II Metropolitan Magistrate's Court, Chennai and the said proceedings will stand terminated.

f.

The Petitioner agrees to return the valuables, clothes and other personal belongings left behind by the Respondent

in USA as per the list already handed over to his counsel. The Petitioner would hand over these materials to Respondent's aunt Mrs.Bavani Ramanan or her authorised representative.

g.

The Respondent agrees to return the valuables and other personal belongings of the Petitioner in her possession, to the authorised representative of the Petitioner.

h.

The Petitioner and the respondent agree to honour their commitments in this regard.

i.

The Petitioner and the Respondent agree to give a quietus to all litigations and will not initiate any proceedings either civil or criminal against each other or their family members.

j.

The parties agree that the decree in O.P.No.3580 of 2014 pending before the Principal Family Court, Chennai stands confirmed regarding dissolution of marrige and stands modified regarding permanent

alimony as per clause "b" of the present memo."

5.

The learned counsel appearing for the respondent submitted that the parties had complied with all the terms and conditions, mentioned in the Joint Memo of Compromise. The learned counsel on either side submitted that the Civil Revision Petition may be disposed of in terms of the Joint Memo of Compromise. 6.

As per Clause (2)(b) of the Joint Memo of Compromise, the petitioner and the respondent agreed that the permanent alimony, granted by the Principal Family Court, may be modified from Rs.1,00,00,000/-(Rupees one crore only) to Rs.15,00,000/-(Rupees fifteen lakhs only), payable by the petitioner/husband to the respondent/wife. Accordingly, the permanent alimony of Rs.1,00,00,000/-(Rupees one crore only) is modified and reduced to Rs.15,00,000/-. The counsel for the respondent also acknowledged the receipt of Rs.15,00,000/- paid by the petitioner on 25.04.2016 towards permanent alimony.

7.

Having regard to the submissions made by the learned

counsel on either side, the Civil Revision Petition is disposed of in terms of the Joint Memo of Compromise. The Joint Memo of Compromise shall form part and parcel of the order in the above Civil Revision Petition. No costs. Consequently, connected CMP is closed. 13-06-2016 sr Index:yes/no website:yes/no Note: Issue Order copy on 15.06.2016 To The Principal Family Court, Chennai.

M. DURAISWAMY,J., sr C.R.P.(NPD)No.323 of 2016 13-06-2016