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Madras High CourtCMA/2159/2022disposed of

Venkata Sunbramanian Shanthi Subiksha v. Venkataramani Rajasekar

2022-10-28Honourable Ms.Justice V.M.Velumani,Honourable Mr Justice Sunder Mohan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.10.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MR.JUSTICE SUNDER MOHAN and C.M.P.No.15516 of 2022 C.M.A.Nos.2159 of 2022 Venkata Subramanian Shanthi Subiksha ...Appellant Venkataramani Rajasekar

...Respondent

Prayer : This Civil Miscellaneous Appeal is filed under Section 19 of the Family Courts Act, 1984, against the order and decree dated 18.08.2022 made in I.A.No.2 of 2022 in O.P.No.2208 of 2021 on the file of the I Additional Family Court, Chennai.

For Appellant : Mrs.Sudha Ramalingam 1/7

For Respondent : Mr.B.Manoharan Caveator C.M.A.Nos.2025 of 2022 Venkataramani Rajasekar .. Appellant Vs.

Venkata Subramanian Shanthi Subiksha ..Respondent Prayer : This Civil Miscellaneous Appeal is filed under Section 19 of the Family Courts Act, 1984, against the fair order and decree dated 18.08.2022 made in I.A.No.2 of 2022 in O.P.No.2208 of 2021the file of the I Additional Family Court, Chennai.

For Appellant :Mr.B.Manoharan For Respondent : M/s.Akila R.S for Mrs.Sudha Ramalingam COMMON J U D G M E N T (Judgment of the Court was delivered by V.M.VELUMANI,J.) The appellant/husband filed O.P.No.2208 of 2021 under Section 13(1)(i-b) of the Hindu Marriage Act, on the file of the I Additional 2/7

Family Court, Chennai, for dissolution of marriage solemnized between him and respondent/wife on 11.04.2016. The respondent/wife filed I.A.No.2 of 2022 in O.P.No.2208 of 2021 on the file of I Additional Family Court, Chennai, for a direction to the appellant/husband to pay a sum of Rs.80,000/- per month as maintenance, and Rs.50,000/- towards litigation expenses.

2. The learned Judge, by order dated 18.08.2022, made in I.A.No.2 of 2022 in O.P.No.2208 of 2021, directed the Appellant/husband to pay a sum of Rs.20,000/- per month to the respondent/wife towards interim maintenance from the date of the filing of the petition till the date of disposal of the main O.P. and Rs.50,000/- towards litigation expenses.

3. Challenging the said order and decree, the appellant/husband has come out with C.M.A.No.2025 of 2022 and the respondent/wife has come out with C.M.A.No.2159 of 2022 seeking enhancement of interim maintenance granted by the learned Judge by order dated 18.08.2022 in I.A.No.02 of 2022 in O.P.No.2208 of 2021.

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4.When the appeals are taken up for hearing today, both the appellant/husband and respondent/wife are appeared before this Court and they were identified by their respective counsel. The learned counsel appearing for the appellant and respondent along with the parties represented that the parties have arrived at the settlement and are filing a Joint Memo of Compromise dated 28.10.2022, duly signed by both the appellant as well as respondent and their respective counsel and prayed for passing of decree of divorce by mutual consent. The said joint memo of compromise is taken on file and recorded.

5. Recording the said Joint Memo of Compromise and the submissions of the learned counsel appearing for the appellant as well as the respondent, both the Civil Miscellaneous Appeals are disposed of by granting decree of divorce by mutual consent in terms of joint memo of compromise. The Joint Memo of Compromise dated 28.10.2022 shall form part of the decree. Consequently, connected Miscellaneous Petition is closed. No costs.

6.Post the matter for 'reporting compliance' on 21.11.2022. 4/7

(V.M.V., J) (S.M.J., J) 28.10.2022 Index : Yes / No Internet : Yes / No vsn To 1.The I Additional Judge, Family Court, Chennai 2.The Section Officer, VR Section, High Court, Madras.

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V.M.VELUMANI, J.

and SUNDER MOHAN,J.

vsn and C.M.P.No.15516 of 2022 6/7

28.10.2022 7/7