R. Kannan v. Amala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2020

CORAM

THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY C.M.A.No.3413 of 2017 R.Kannan ... Appellant/Petitioner Vs.

Amala ... Respondent/Respondent PRAYER : Appeal filed under Section 19 of the Family Courts Act against the judgment and decree dated 13.04.2016 made in F.C.O.P.No.138 of 2010 on the file of Family Court, Salem.

For Appellant : Mr.P.Jagadeesan For Respondent : Mr.W.M.Abdul Majeed

JUDGMENT

(Delivered by M.M.SUNDRESH.,J) Challenging the judgment and decree dated 13.04.2016 made in F.C.O.P.No.138 of 2010 rendered by the Family Court, Salem, the present appeal has been filed.

2. After much persuasion, the following terms are agreed between the appellant and the respondent in the presence of the respective counsel, who are present before us:- (i) There shall be a decree for divorce by consent without going into the allegations made;

(ii) Criminal complaints given by the

respondent against the appellant will not be proceeded with;

(iii) The appellant shall pay a sum of Rs.7,00,000/- (Rupees Seven Lakhs only) towards the final settlement to the respondent;

(iv) The said amount will have to be paid in three instalments, namely, (1) the first instalment of Rs.3,00,000/-(Rupees Three Lakhs only) will have to be paid on or before 17.05.2020, (2) the second instalment of Rs.2,00,000/- (Rupees Two Lakhs only) will have to be paid on or before 17.07.2020 and (3) the third instalment of Rs.2,00,000/- (Rupees Two Lakhs only) will have to be paid on or before 17.09.2020;

(v) The payments will have to be made by the appellant in favour of the respondent by way of Demand Draft;

(vi) Non-compliance of the agreed terms will result in the decree of the Family Court being restored;

(vii) This compromise is without prejudice to the contentions of the parties in the pending civil suit;

3. The Civil Miscellaneous Appeal stands disposed of. No Costs.

Post this matter 'for reporting compliance' on 08.06.2020.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar ssm

To 1.The Judge, Family Court,Salem.

2.The Section Officer, VR Section, High Court, Madras-104.

3.The Section Officer, Judicial Section, High Court, Madras-104.

+1cc to Mr.P.Jagadeesan, Advocate, S.R.No.13177 C.M.A.No. 3413 of 2017 NMI(CO) CB(31/07/2020)