Madras High CourtCMA(MD)/130/2014allowed

A.Amuldoss v. S.Arulmary

2018-09-14Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT FRIDAY THE FOURTEENTH DAY OF SEPTEMBER, TWO THOUSAND AND EIGHTEEN PRESENT:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU CMA(MD.No.130 OF 2014 A.Amuldoss Appellant/Petitioner - Vs. - S.Arulmary Respondent/Respondent Civil Miscellaneous Appeal filed under Section 55 of the Indian Divorce Act 1869, against the Order dated 18.11.2013 passed in I.D.O.P.No.68 of 2013 on the file of the Principal District Judge, Thanjavur.

DECREE: This Appeal coming on for hearing on Wednesday the Eleventh day of July Two Thousand and Eighteen, Upon perusing the grounds of Appeal, the order of the Lower Court and the material papers to the Appeal and upon hearing the arguments of Mr.R.Maheswaran, Advocate for the Appellant and of Mr.P.Ganapathi Subramanian, Advocate for the Respondent and having stood over consideration till this day and this court, while, Allowing the Appeal, doth order and decree as follows:

(i)that the Appellant herein/Petitioner do and hereby is directed deposit a sum of Rs.20,00,000/-(Rupees Twenty Lakhs Only) towards compensation payable to the respondent, to the credit of I.D.O.P.No.68 of 2013 on the file of the Principal District Judge, Thanjavur, within a period of twelve weeks from the date of receipt of copy of this judgment.

(ii)that on payment of the said amount the order dated 18.11.2013 in I.D.O.P.No.68 of 2013 on the file of the Principal District Judge, Thanjavur, be and hereby stand set aside and the decree of divorce shall come into operation between the parties. (iii)that, if the Appellant herein/Petitioner fails to pay the above said amount within the stipulated period, the order of the Principal District Judge, Thanjavur, dated 18.11.2013 made in I.D.O.P.No.68 of 2013 do and hereby shall stand confirmed. https://hcservices.ecourts.gov.in/hcservices/

(iv)that the Civil Miscellaneous Appeal be and hereby is allowed; (v) that there be No costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-IV) To The Principal District Judge, Thanjavur.

Copy to .

The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai. 2 COPIES +1cc to Mr.P.Ganapathi Subramanian, Advocate in S.R.No.84588 DS SV SAR4 08 11 2018 2P 5C ORDER DATED:14.09.2018 DECREE CMA(MD.No.130 OF 2014 Nature of Decree:

While Allowing the Civil Miscellaneous Appeal and against the order of the Principal District Judge, Thanjavur dated 18.11.2013 made in I.D.O.P.No.68.

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