N.Meenakshi, v. T.S.Nagendran,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 20.10.2022

CORAM

THE HONOURABLE MRS.JUSTICE R.THARANI and C.M.P.(MD)No.3491 of 2022 N.Meenakshi ... Appellant Vs T.S.Nagendran ... Respondent PRAYER :- This Civil Miscellaneous Appeal is filed under Section 28 of the Hindu Marriage Act, 1955 to set aside the order and decreetal order dated 04.09.2021 passed in I.A.No.28 of 2019 in H.M.C.M.A.No.7 of 2014, on the file of the Additional District and Sessions Court, Virudhunagar and allow the Civil Miscellaneous Appeal.

For Appellant : Mr.C.Dhanaseelan For R1 : Mr.G.Mariappan

JUDGMENT

This Civil Miscellaneous Appeal is filed against the order in I.A.No.28 of 2019 in H.M.C.M.A.No.7 of 2014, on the file of the Additional District and Sessions Court, Virudhunagar.

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2.The learned counsel and the parties on either side, appeared in person. The respondent undertook to settle the issue by paying a sum of Rs.9,00,000/- in total, to the appellant as a lumpsum maintenance for herself and for the minor daughter. He has filed an undertaking affidavit to that effect. The appellant has also agreed to receive a sum of Rs.9,00,000/- towards maintenance for herself and for the minor daughter. She has also given an undertaking memo to that effect.

3.Both the memos are recorded. The respondent is hereby directed to deposit a sum of Rs.2,00,000/-(Rupees Two Lakhs only) on or before 09.11.2022 and a further sum of Rs.2,00,000/-(Rupees Two Lakhs only)each on 09.12.2022, 09.01.2023 and on 09.02.2023 and a sum of Rs.1,00,000/- (Rupees One Lakh only) on 09.03.2023. The amounts shall be deposited before this Court to the credit of C.M.A(MD)No.394 of 2022. If any of the above said date falls on a holiday, the respondent has to deposit the amount on the next working day. On deposit of the initial amount of Rs.2,00,000/- on 09.11.2022, the appellant is entitled to receive the amount as a maintenance for herself. The balance amount of Rs.7,00,000/- is meant for the 2 / 4

maintenance to the minor daughter, hence it should be kept in a fixed deposit in any one of the Nationalized Bank. The appellant is permitted to withdraw the accrued interest once in three months, for the maintenance of the minor daughter.

4.With the above directions, this appeal is disposed of. For reporting compliance, call on 10.03.2023. Consequently, connected miscellaneous petition is closed.

20.10.2022 Index: Yes / No Internet : Yes / No pnn To 1.The Additional District and Sessions Judge, Virudhunagar. 2.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai. 3 / 4

R. THARANI, J pnn and C.M.P.(MD)No.3491 of 2022 20.10.2022 4 / 4