Dismissed

K.Suganthani v. P.Kirubakaran

Madras HC11 Apr 2018CMA/389/2016

Case brief

AI extract

What is this about?

The High Court dismissed the civil miscellaneous appeal filed by the wife and allowed the respondent's petition to dissolve the marriage. The court recorded a joint memorandum of compromise reached during mediation, where the wife agreed to the dissolution and alimony in exchange for withdrawing complaints and abandoning further claims.

What did the court decide?

Civil Miscellaneous Appeal dismissed confirming the dissolution of marriage; marriage dissolved on terms of the joint memorandum of compromise including permanent alimony and withdrawal of complaints.

K.Suganthani Vs P.Kirubakaran — Maintenance and Alimony | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATE AT MADRAS

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DATE : 11.04.2018 CORUM

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THE HON'BLE MR.JUSTICE R.SUBBIAH

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and

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THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

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C.M.A.No.389 of 2016 and C.M.P.No.2908 of 2016 K.sunganthani ... Appellant/Respondent Vs. P.Kirubakaran ... Respondent/Petitioner

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Civil Miscellaneous Appeal has been filed under Section 19 of the Family Courts Act against the decree and judgment dated 10.08.2015 in O.P.No.1786 of 2011 passed by the I Additional Principal Judge Family Court at Chennai. For Appellant : Mr.S.Vasudevan For Respondent : Mr.P.Saravanan JUDGMENT (Judgment of the Court was delivered by R.SUBBIAH, J.,)

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This appeal has been filed by the appellant/wife as against the judgment and decree dated 10.08.2015 in O.P.No.1786 of 2011 passed by the I Additional Family Court at Chennai, allowing the petition filed by the respondent/husband for dissolving the marriage under Section 10(x) of Indian Divorce Act.

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2.Pending the appeal, this matter was referred to the Mediation and Conciliation Center of this Court. In the Mediation Centre, the parties have arrived at an amicable compromise. The appellant/wife has agreed for the dissolution of marriage, subject to the terms and conditions in the compromise memo entered into between them before the Mediation Centre.

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3.The joint memorandum of compromise dated 29.11.2017 has been filed before this Court and the same is recorded. The terms and conditions of the compromise memo entered between them read as follows:-

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https://hcservices.ecourts.gov.in/hcservices/

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“1.Respondent/Husband agreed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) vide (1)Axis Bank dated 07.12.2017, Rs.2,00,000/(2) Axis Bank dated 28.02.2018, Rs.3,00,000/towards permanent alimony to the 1^st appellant/wife and the appellant agrees for the same.

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2.The appellant has agreed to withdraw all complaints against the respondent which was given before H.V.F. Avadi and also she will not give any complaints against the respondents in H.V.F. Avadi.

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Both parties agreed that they have no other claims against each.”

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4.In view of the above joint memorandum of compromise filed by the parties, the Civil Miscellaneous Appeal is dismissed, confirming the impugned order dated 10.08.2015 in O.P.No.1786 of 2011 passed by the I Additional Family Court at Chennai, and the marriage that took place between the appellant and the respondent on 17.08.2006 is dissolved. The Joint Memorandum of Compromise shall form part of this Judgment. Consequently, connected Miscellaneous Petition is closed. No costs.

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Enter into Joint Memo Compramise Dated 29/11/2017. Sd/Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ssv To, 1.The Judge, I Additional Principal Family Court,Chennai. 2.The Section Officer/Record Keeper, V.R.Section, High Court Madras. +1cc to Mr.P.Saravanan, Advocate, S.R.No.26836

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C.M.A.No.389 of 2016 & C.M.P.No.2908 of 2016

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NRJK(CO) RRK(19/04/2018)

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https://hcservices.ecourts.gov.in/hcservices/

K.Suganthani v. P.Kirubakaran

Case brief

What is this about?

What did the court decide?

K.Suganthani v. P.Kirubakaran

Case brief

What is this about?

What did the court decide?

What the court decided

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