K.Sundramoorthy v. Mala Alias Kavitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-12-2025

CORAM

THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE P. DHANABAL CMA No. 2852 of 2021 AND CMP NO. 21393 OF 2021 K.Sundaramoorthy S/o. A. Kamalanathan, Presently Residing At, No.37, Venkatachalam Street, Royapuram, Chennai - 600013. Old Address At, No.62, P.V.Koil Street, Royapuram, Chennai - 600013.

..Appellant Vs Mala Alias Kavitha No.56, Kasima Nagar, 2nd Street, Kasimedu, Royapuram, Chennai - 600013.

..Respondent Prayer : Civil Miscellaneous Appeal under Section 19 of the Family Courts Act to set aside the Judement and Decreetal Order dated 28.05.2018 passed in O.P.No.3859 of 2009, by the Principal Family Court Judge, Chennai. For Appellant :

Mr.R.Kamaraj For Respondent :

Mr.G.Santhosh Kumar Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.) This Civil Miscellaneous Appeal has been directed against the order passed by the Principal Family Judge, Chennai in O.P.No.3859 of 2009 dated 28.05.2018.

2. By the said order, the annulment of the marriage between the parties sought for by the appellant / husband was dismissed.

3. During the pendency of the C.M.A., by the order of the Division Bench dated 13.03.2025, the matter was referred to the Mediation Centre attached with this Court to explore the possibility of mediation and settlement. Accordingly, mediation went on and ultimately the parties agreed to settle the matter. The mediation has completed and an agreement has reached between the parties. A report to that effect has been forwarded by the Mediation Centre attached with this Court dated 22.07.2025 along with the settlement agreement dated 22.07.2025.

4. In the settlement agreement, both the appellant / husband as well as the respondent / wife and their respective counsels have signed. The terms of compromise is recorded in Para 6 of the Settlement Agreement. As per the settlement agreement, permanent alimony as one time settlement or final settlement of Rs.4,20,000/- was agreed upon and Rs.20,000/- was paid by way of cash. The remaining amount should have been paid on or before 15.11.2025. The said amount also had been paid on 15.11.2025.

5. This position is acknowledged by the respondent / wife as well as her counsel. Therefore, as per the compromise settlement agreement, the parties have acted upon and the permanent alimony agreed upon between the parties has been settled by the appellant husband to the respondent wife.

6. In that view of the matter, recording the settlement agreement dated 22.07.2025, we are inclined to close this appeal. The settlement agreement dated 22.07.2025 shall form part of this judgment. Accordingly, this Civil Miscellaneous Appeal is closed in terms of the aforesaid settlement agreement alone. No costs. Consequently, connected miscellaneous petition is closed. (R.S.K.,J.) (P.D.B.,J.) 10-12-2025 Index: Yes/No Speaking/Non-speaking order KST

R.SURESH KUMAR J.

AND P.DHANABAL J.

KST AND CMP NO. 21393 OF 2021 10-12-2025