Madras High CourtCMA(MD)/479/2021dismissed

Santhanam, v. Savariyayi@Savariammal,

2022-02-24Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

C.M.A(MD)No.479 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.M.A(MD)No.479 of 2021 Santhanam ... Petitioner/Appellant -vsSavariyayi @ Savariammal ... Respondent/ Respondent PRAYER: Appeal filed under Section 19 of Family Courts Act, 1984, to set aside the fair and Decreetal Order, dated 20.02.2021 passed in O.P.No.107 of 2019 on the file of the Family Court, Sivagangai. For Appellant : Mr.G.Ganesh Kumar For Respondent : Mr.RM.Arun Swaminathan

JUDGMENT

R.SUBRAMANIAN,J AND N.SATHISH KUMAR,J This appeal is filed by the husband challenging the dismissal of the petition seeking divorce in I.D.O.P.No.107 of 2019.

2. It is also seen that an order for maintenance has also been made in M.C.No.27 of 2017. The parties have filed a joint compromise memo. Both of them are present. As per the compromise memo, the appellant has agreed to pay a sum of Rs.5,000/- per month as maintenance for the respondent and also agreed to withdraw the divorce proceedings. It is further agreed that the pension receivable by him, after his demise, shall be received by the respondent.

3. In view of the compromise, we dismiss the appeal, as settled out of Court. The memo of compromise shall form part and parcel of the decree. It is stated that the maintenance till November, 2019 has been paid. The learned counsel for the petitioner would submit that the petitioner would pay the arrears within a period of three months from today.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) am https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.A(MD)No.479 of 2021 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.

ENCL; Xerox Copy of Joint Compromise Memo To:

The Judge, The Family Court, Sivagangai.

COPY TO:- The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) ORDER MADE IN C.M.A(MD)No.479 of 2021 24.02.2022 ks(CO) GC(04.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2