(Anuradha)Name Changed As V.Tanujayaswina v. U.Udayabhaskar Reddy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
WEDNESDAY THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN C.M.A.No.4015 of 2019 V.Tanujayaswina (Name changed vide order of Court dated 15.3.2021 in CMP No.3474 of 2021 in CMA No.4015 of 2019) .. Appellant/Respondent -vsU.Udayabhaskar Reddy .. Respondent/Petitioner Prayer : This Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, against the fair and decretal order dated 29.5.2019 made in O.P.No.62 of 2016 on the file of the learned IV Additional Principal Judge, IV Additional Family Court at Chennai.
Decree : This Civil Miscellaneous Appeal coming on for hearing on this day on the receipt of mediation report of the TNMC Conciliation Centre, High Court Madras dated 07.03.2022 together with mediation Agreement entered into between the Appellant herein/Wife and Respondent herein/Husband in pursuance to the order of this Court dated 15.03.2021 and made herein, in the presence of Mrs.Ambili Menon, Advocate for the Appellant herein and Mrs.R.T.Shyamala, Advocate for the Respondent herein and the respondent having agreed to pay the Appellant herein a Sum of Rs.1,50,00,000/-(Rupees One Crore Fifty Lakhs only) towards the full and final settlement and the Respondent had paid the above said amount to the Respondent to her bank account with HDFC Bank at Shanthi Colony Branch, Chennai, A/C No.
171000089325 and the appellant hereby doth acknowledge the same and the appellant/wife and Respondent/husband having agreed withdrawn all the allegations made by them against each other in the petitions, affidavits or counter affidavits filed before the IV Additional Family Court in H.M.O.P.No.62 of2016, H.M.O.P.No.
of Rs.26,250/-(Rupees Twenty six thousand two hundred and fifty only) till 11.03.2022 and further paid an advance of Rs.1,50,000/-(Rupees One lakh Fifty Thousand only) to the land lord for the rented house which has been taken for rent by the Respondent in his name, at Plot No.3648, P-54, Visaka Apartments, Flat 1-B, 6th Avenue Anna Nagar, West, Chennai 600 040, in which the appellant is currently residing and of the parties requesting the Court to pass a decree in this CMA interms thereof and upon perusing the memorandum of grounds judgment and decree of the Court below and the material papers available in this case and this Court while disposing this Civil Miscellaneous Appeal by recording the said memo of compromise dated 04.03.2022, the Original of which is annexed herein, doth order and decree as follows:
1) that the marriage Solemnized between the Appellant/Wife and the Respondent herein/Husband on 07.06.1998 at Raja Muthiah Hall, Egmore, Chennai be and hereby is dissolved by a deceree of divorce interms of the aforementioned Joint Memorandum Compromise.
2) that the Appellant herein/Wife do withdraw the H.M.O.P.No.2596/2018 on the file of II Additional Family Court at Madras for resitution of conjugal rights.
3) that the Appellant herein/Wife do pay the rental amount to the Landlord from March 2022 and in the event of the Appellant vacating the house, he Respondent herein/Husband alone be and hereby is entitled to get back the advance amount after statutory deduction made by the Landlord and in which the Appellant herein/Wiefe do have no right or claim over the same.
4) that the Respondent do agree to bear the PG Education expenses and to take care of monthly expenses till, the Respondent's Son Mr.U.Chanranian Completes his post Graduate Education at UK.
5) that the Respondent herein/Husband having returned the following Silver articles to the Appellant herein/Wife which was given to her at the time of her marriage and the Appellant herein/wife having accepts and acknowledged the receipt of same. Silver Kudam - Kamatchi Vilaku - Vilaku - Silver umbrella small - Silver plate - Panner Sombu -
6) that the RespondentHusband do agree to upgrade the medical insurance for the Appellant/Wife and son Mr.U.Chanranian from Rs.4,00,000/-(Rupees Four lakhs only) to Rs.90,00,000/- (Rupees Ninty lakhs only) for the period of three years form now and
7) that Respondent/Husband shall pay Rs.1,50,000/-(Rupees One Lakh Fifty Thousand only) to the Appellant/Wife by way of cheque in favour of the Appellant/Wife as full and final settlement of the Health Insurance premium renewal for the period of 9 years.
8) that the Respondent/Husband do agree to give one copy of the wedding album and DVD to the Appellant/Wife
9) that both the parties, do mutually agree not to have any claim, right or liability against each other at present or in the future.
10) that both the parties do undertake not to file any other complain or petition against each other in any forum for the enforcement of any right arising out of their marriage.
11) that both the parties shall not cause any statement verbally or in written in the print or electronic media which will demean or cause damage to the reputation of the other.
12) that both the parties do have no furhter claims against each other for any right or obligation arising out of their marriage.
13) that that there be no costs in this Civil Miscellaneous Appeal.
*Xeorx Copy of the Joint Memo of Compromise dated 04.03.2022 enclosed Sd/- Assistant Registrar(CS-II) //True copy// Sub Assistant Registrar
To
1. The IV Additional Principal Judge IV Additional Family Court Chennai Copy To The Section Officer, VR Section, High Court, Madras.
+2ccs to Mrs.R.T.Shyamala, Advocate SR.No.19451 +1cc to Mr.P.Ambili Menon, Advocate SR.No.19763 DATED : 23/03/2022 DECREE :
C.M.A.No.4015 of 2019 Disposing this Civil Miscellaneous, interims of Joint Memo of Compromise, preferred against the judgment and decree dated 29.05.2019 and made in O.P.No.62 of 2016 on the file of the Learned IV Additional Principal Judge, IV Additional Family Court, at Chennai etc., as stated within.
RSI(CO) GMY(27/05/2022)