J.Alexandar v. Sakhila

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02.12.2022

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI J.Alexandar .. Appellant / Respondent / Petitioner Vs.

Sakila .. Respondent / Appellant / Respondent Prayer: This Civil Miscellaneous Second Appeal is filed under Section 100 of the Code of Civil Procedure r/w. Section 13 (1) of Hindu Marriage Act, against the judgment and decree dated 30.08.2010 made in C.M.A.No.7 of 2009 on the file of the District Court, Karur, reversing the judgment and decree, dated 06.09.2005, made in H.M.O.P.No.16 of 2003, Sub Court Karur. For Appellant : Mr.V.Janakiramulu For Respondent : Mr.N.Shanmuga Selvam 1 / 4

JUDGMENT

The learned counsel for the appellant and the learned counsel for the respondent are present. The appellant is the husband and the respondent is the wife.

2. A joint compromise memo was filed by both the parties. Both the appellant and the respondent were present in person. Both the appellant and the respondent and their counsel signed a joint memo, wherein, it is admitted that the wife is willing to receive a sum of Rs.9,25,000/- as one time settlement and she has undertaken to withdaw M.C.No.7 of 2005 and Crl.M.P.No.1 of 2021 on the file of the Family Court, Karur. The wife has no objection in allowing the appeal praying for dissolution of marriage.

3. The husband undertake to pay a sum of Rs.9,25,000/- to the wife towards one time settlement. He would undertake to pay Rs.5,00,000/- within a period of one month from today, ie. on or before 03.01.2023. He would further undertake to pay a sum of Rs.4,25,000/-, within a period of three months from today, ie. on or before 03.03.2023.

2 / 4

4. Both the parties accepted this terms. The joint compromise memo is recorded.

5. In view of the settlement arrived between the parties, the appeal is allowed. The joint compromise memo shall form part and parcel of the decree. Any deviation in complying the condition, will amount to disobedience of the Court order. No costs.

02.12.2022 Index : Yes/No Internet : Yes/No Ls Note : In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The District Judge, Karur, 2.The Sub Judge, Karur.

3.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

3 / 4

R. THARANI, J.

Ls Judgment made in 02.12.2022 4 / 4