Madras High CourtCMSA(MD)/43/2010allowed

Arivazhagan v. Chitra

2023-11-06Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P.(MD)No.4339 of 2022 Arivazhagan ... Appellant Vs.

1.Chitra 2.Gunaseelan ... Respondents PRAYER: Civil Miscellaneous Second Appeal filed under Order 43, Rule 1 and Section 104 of C.P.C., read with Section 100, against the Judgment and decree dated 19.03.2010 passed in C.M.A.No.22 of 2007 on the file of the District Court, Karur, reversing the Judgment and decree dated 14.02.2007 passed in H.M.O.P.No.60 of 2005 on the file of Sub Court, Karur.

For Appellant : Mr.S.S.Sundar For R-1 : Mr.S.Gokul Raj For R-2 : No appearance 1/4

JUDGMENT

This Civil Miscellaneous Second appeal is filed, against the Judgment and decree dated 19.03.2010 passed in C.M.A.No.22 of 2007 on the file of the District Court, Karur, reversing the Judgment and decree dated 14.02.2007 passed in H.M.O.P.No.60 of 2005 on the file of Sub Court, Karur.

2. Heard, the learned Counsel appearing for the appellant, the learned Counsel appearing for 1st respondent and perused the materials available on record.

3. In view of the Mediation which was held on 24.06.2022, the compromise has been arrived, between the appellant/husband and the 1st respondent/wife. The appellant/husband agreed to pay a sum of Rs. 6,50,000/- (Rupees Six Lakhs and Fifty Thousand only) and the 1st respondent/wife agreed to receive the same. The 1st respondent/wife received an amount of Rs.6,50,000/- (Rupees Six Lakhs and Fifty Thousand only) from the appellant on 18.06.2022 towards permanent 2/4

alimony. The appellant/husband agreed to withdraw the allegations leveled as against the respondents in the H.M.O.P and C.M.S.A. The Mediation Report will form a part and parcel of the Judgment and Decree of this CMSA.

4.In view of the above, this Civil Miscellaneous Second Appeal is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

06.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Principal District Judge, District Court, Karur.

2.The Principal Subordinate Judge, Karur.

Copy to The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

3/4

L.VICTORIA GOWRI, J., Sml 06.11.2023 4/4