B.Usharani v. B.Bharathi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.08.2025
CORAM:
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI C.M.S.A.No.56 and 57 of 2023 B. Usharani .. Appellant in both the appeals Vs.
D. Bharathi ... Respondent in both the appeals PRAYER in C.M.S.A.No.56 of 2023:
Civil Miscellaneous Second Appeal filed under Section 28 of Hindu Marriage Act r/w Section 100 of Civil Procedure code to set aside the Judgment and decree dated 11.08.2023 in H.M.C.M.A.No.2 of 2021 on the file of the Court of the II Additional District Judge, Vellore at Ranipet confirming the order and decretal order dated 03.12.2000 in H.M.O.P.No.12 of 2016 on the file of Subordinate Judge, Arakkonam and allow this appeal. PRAYER in C.M.S.A.No.57 of 2023:
Civil Miscellaneous Second Appeal filed under Section 28 of Hindu Marriage Act r/w Section 100 of Civil Procedure code to set aside the Judgment and decree dated 11.08.2023 in H.M.C.M.A.No.3 of 2021 on the file of the Court of the II Additional District Judge, Vellore at Ranipet confirming the order nd decretal order dated 03.12.2000 in H.M.O.P.No.22 of 2018 on the file of Subordinate Judge, Arakkonam and allow this appeal.
( In both the appeals) For Appellant : Mr.R. Ganesh Kumar For Respondents : Mr.T.P. Prabhakaran
JUDGMENT
When the matter is taken up for hearing on 25.08.2025 both the parties appeared before this Court and the respondent/husband submitted that as per the directions of this Court he has executed settlement deed in favour of his wife and sought time to comply with regard to payment of arrears of maintenance.
2.The learned counsel for the appellant submitted that as per the undertaking affidavit filed by the appellant, she is prepared to waive arrears amount of maintenance claim and prepared to receive a sum of Rs.5,00,000/- as a consolidated amount towards arrears of the maintenance amount in the event of respondent herein executing a release/settlement deed. He further submitted as the respondent has now executed the settlement deed she will waive the arrears of maintenance amount and will receive a sum of Rs.5,00,000/- as a consolidated amount towards arrears of the maintenance amount. It is further stated that the
respondent/husband shall pay a sum of Rs.20,000/- as maintenance.
3. At this juncture the learned counsel for the respondent expressed his difficulty in payment of Rs.20,000/- as maintenance as he is paying loans and E.M.I and sought 3 months time to pay the said amount of Rs.5,00,000/-
4. In view of the submission made by the learned counsel for the respondent 3 months time is granted to the respondent to pay the said Rs.5,00,000/- to the appellant and the maintenance amount is also modified to Rs.16,000/- It is made clear that the said maintenance should be paid on or before 6th of every English calender month. The said amount should be paid from October, 2025 onwards. Already joint terms arrived.
5. With the above observation and directions, these appeals stands disposed of. No order as to costs.
29.08.2025 Index:Yes/No Speaking/non Speaking order Neutral Case citation: yes/no smn
T.V.THAMILSELVI , J.
smn To
1. The Additional District Judge, Vellore at Ranipet Su
2. The Subordinate Judge, Arakkonam
3. The Section Officer, V.R. Section, High Court of Madras. C.M.S.A.No.56 and 57 of 2023 29.08.2025