B. Kumaraja, v. A. Nalini, D/O. Arunachalam,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2024

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY C.M.S.A(MD)No.20 of 2014 and M.P(MD)No.1 of 2014 B.Kumararaja ... Appellant Vs.

A.Nalini ... Respondent PRAYER: Civil Miscellaneous Second Appeal is filed under Section 28 of Hindu Marriage Act & Section 100 of Civil Procedure Code to set aside the Judgment and Decree, dated 18.02.2014 passed in H.M.C.M.A No.01 of 2011 on the file of the District Court, Sivagangai, by reversing the Judgment and Decree, dated 14.09.2010 passed in H.M.O.P.No130 of 2007 dated 14.09.2010 on the file of the Subordinate Court, Sivagangai. For Appellant : M/s.S.Vijaya Shanthi For Respondent : Mr.G.Mohankumar JUDGEMENT The Husband has preferred this Civil Miscellaneous Second Appeal against the Judgment and Decree, dated 18.02.2014 passed in H.M.C.M.A No.01 of 2011 on the file of the District Court, Sivagangai, by 1/8

reversing the Judgment and Decree, dated 14.09.2010 passed in H.M.O.P.No130 of 2007 dated 14.09.2010 on the file of the Subordinate Court, Sivagangai.

2. The Husband/Appellant had preferred a petition for divorce in H.M.O.P.No.130 of 2007 seeking divorce and the Trial Court has granted divorce. Aggrieved over the wife had preferred an appeal in H.M.C.M.A No.01 of 2011 and the same was allowed setting aside the judgment passed by the Trial Court. Hence the present appeal is preferred by the Husband.

3. This Court tried to compromise between the parties and on such effort the parties had agreed to settle the issue among themselves. The Appellant/ Husband is ready and willing to give a sum of Rs.5,00,000/- as lump sum maintenance on or before 02.09.2024 and the wife has agreed to receive the same as lump sum maintenance. Further the husband had agreed to hand over the house hold articles as well as 41⁄2 Sovereign jewels to the respondent/wife. The wife had agreed to withdraw the maintenance petition which was filed in the competent court. To this effect a joint compromise memo has been filed, in which both the parties and their respective Counsels have signed and the same is extracted hereunder:

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5. Accordingly, the present Civil Miscellaneous Second appeal is allowed in terms of the Joint Compromise memo. The memo of compromise shall form part and parcel of this Judgment and Decree. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

6. Post the matter on 08.07.2024, for reporting compliance.

13.03.2024 NCC : Yes / No Index : Yes / No Internet :

Yes / No KSA Note: Issue order copy on 03.07.2024 6/8

To

1. The District Court, Sivagangai.

2. The Subordinate Court, Sivagangai.

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

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S.SRIMATHY, J.

KSA Order made in C.M.S.A(MD)No.20 of 2014 19.06.2024 8/8