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Madras High CourtCMA(MD)/785/2015allowed

Pradeepkumar Kenny, v. Selva Bharathi

2023-01-20Honourable Dr Justice G. Jayachandran,Honourable Mr Justice Sunder Mohan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twentieth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN AND The Hon`ble Mr.Justice SUNDER MOHAN CMA(MD). No.785 of 2015 PRADEEPKUMAR KENNY, S/O.SAMPATH PREMKUMAR NO.2, DAYABARAN STREET, MURUGANKURICHI, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

... Appellant/Petitioner Vs SELVA BHARATHI S/O. PONNUSAMY, 1-F, MARIAMMAN KOVIL STREET, T.N. PUDUKUDI, PULIYANKUDI, SNAKARANKOVIL TALUK, TIRUNELVELI DISTRICT.

Respondent/Respondent Prayer:- Civil Miscellaneous Appeal filed under Section 19 of Family Court Act, against the Judgment and Decree dated 13.01.2015 made in I.D.O.P. No. 15 of 2014 on the file of the Family Court, DECREE:- This Civil Miscellaneous Appeal having come up for final hearing on this date, upon perusing the grounds of Appeal, the order of the Family Court and the material papers to the Appeal and upon hearing the arguments of MR.S.SRIKANTH FOR M/S.APN.LAW ASSOCIATES, Advocate for the Appellant and of MRS.SELVA BHARATHI, PARTY-INPERSON, for herself, the parties having entered into compromise between themselves and duly signed by the both parties and Appellant counsel, the appellant herein/Husband had remitted a one time lump sum settlement of Rs.13,00,000/- (Rupees.

Thirteen Lakhs only)to the respondent and her daughter in demand draft No. 283454 in Canara Bank, at Palayamkottai Branch, dated 11.01.

(1) That the marriage solemnized between the Appellant herein/Husband and the Respondent herein/Wife on 24.05.2010 be and hereby is dissolved by a decree of divorce by mutual consent;

(2) That the order of the trial Court in I.D.O.P. No. 15 of 2014, on the file of the Family Court, Tirunelveli, dated 13.01.2015 be and hereby is set aside;

(3) In pursuance of the Joint Compromise memo dated 20.01.2023, the Respondent herein/Wife has agreed to withdraw the Cr.M.P. No. 181 of 2022 and M.C. No. 1 of 2019 on the file of the Judicial Magistrate, Sivagiri;

(4) In pursuance of the Joint Compromise memo dated 20.01.2023, the appellant herein/Husband agreed to retain the thali chain (9 Sovereigns of gold) which is already in the custody of the Respondent/Wife;

(5) In pursuance of the Joint Compromise memo dated 20.01.2023, the respondent herein/wife undertakes to keep her daughter in her custody without making any further claim on behalf of the daughter and

(6) That there be no costs in this Civil Miscellaneous Appeal. Sd/- Assistant Registrar(CS-III) // True Copy // /03/2023 Sub Assistant Registrar(CS) NS To The Judge, Family Court, Copy to:

The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - (2 Copies) +2 CC to M/s.APN LAW ASSOCIATES, Advocate (SR-3564 dated 24/01/2023)

ORDER DATED : 20/01/2023 ========================== Compromise DECREE ========================== CMA(MD). No.785 of 2015 Nature of Decree:- Allowing the Civil Miscellaneous Appeal preferred against the judgment and decree dated 13.01.2015 made in I.D.O.P. No. 15 of 2014 on the file of the Family Court, SI(02.03.2023) 3P/ 6C