Appeal against family court decree was disposed of upon settlement. The Joint Memo of Compromise was recorded, resolving claims for widowhood status and nomination of settlement benefits between the parties.
Appeal decreed in terms of the Joint Memo of Compromise forming part of the decree.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:24.04.2018 CORAM: THE HONOURABLE MR. JUSTICE R.SUBBIAH AND THE HONOURABLE MR. JUSTICE P.D.AUDIKESAVALU
A.S.No.11 of 2017 and C.M.P.Nos.339, 10447 & 14908 of 2017
E.Nirmala .. Appellant/1st defendant Versus 1. Gunasundari ...1st Respondent/Plaintiff 2. The Chief Personnel Officer, Integral Coach Factory, Chennai - 600 038. ..2nd Respondent/2nd defendant Appeal filed under Section 96 of C.P.C R/w Order 41 Rule 1 C.P.C. against the judgment and decree dated 03.12.2016 passed in O.S.No.31 of 2007 on the file of II Additional Principal Judge, Family Court, Chennai. For Appellant : Mr.K.Sivasamy For Respondents : Mr.G.Palani for R1 Mr.M.Vijay Anand for R2 J U D G M E N T [The Judgment of the Court was delivered by R.Subbiah,J.]
This appeal has been filed as against the judgment and decree dated 03.12.2016 passed in O.S.No.31 of 2007 on the file of II Additional Judge, Family Court, Chennai.
"i) The 1st respondent Mr.Gunasundari, is declared as the only legally wedded wife of late S.Enbasagaram and her children viz. E.Jayalakshmi and E.Shridar alias Shridaran were born to late S.Embasagram, as delared by the Hon'ble III Addl.Family Court at Chennai in O.S.No.31 of 2007 dated 03.12.2016.
ii) Appointment on compassionate ground against the death of late S.Enbasagaram, from the 2nd Respondent Employer shall be claimed only by the 1st Respondent/Plaintiff for her son Mr.E.Shridar alias Shridaran.
iii) The1st Respondent/Plaintiff viz. Mrs.Gunasundari, widow of late S.Enbasagaram, shall claim the Monthly family pension and its arrears till date from the 2nd Respondent herein and the same shall be paid only to the 1st Respondent viz. Mr.Gunasundar.
iv) The appellant viz., Nirmala, shall be paid with Rs.5,00,000/- (Rupees Five Lakhs only) out of the death cum retirement benefit lying in the account of late S.Enbasagaram, by the 2nd Respondent Employer herein and the balance of the death cum retirement benefit shall be paid to the 1st Respondent herein viz. Mrs.Gunasundari, the widow of late S.Enbasagaram, by the 2nd Respondent Employer.
v) Parties herein agree for passing of a decree in terms of this Memorandum of Compromise and agree for this Joint Memorandum to form part and parcel of the Judgment and decree in the above First Appeal.
vi) The Parties agree to bear their own costs."
Sd/Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
si
To
The II Additional Principal Judge,
Family Court, Chennai.
+1cc to Mr.M.Vijay Anand, Advocate Sr.No.30390
+1cc to Mr.G.Palani, Advocate SR.No.30402
Copy to:The Record Keeper
VR Section
High Court, Madras.
+1cc to Mr.K.Sivasamy Advocate Sr.No.5379
VD(CO)
sm:4.6.2018
A.S.No.11 of 2017
E.Nirmala
Gunasundari
Chief Personnel Officer, Integral Coach Factory, Chennai
R.Subbiah
P.D.Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
