Dismissed

Malaichamy, v. Kanimozhi

Madras HC15 Mar 2021CMA(MD)/1098/2018

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court, on appeal under Section 19(1) of the Family Court Act, 1984, disposed of a Civil Miscellaneous Appeal by recording a Settlement Agreement dated 26/03/2019. The parties agreed to mutual divorce, return of household articles and jewels, and specific monetary adjustments, with no further claims remaining.

What did the court decide?

The appeal was disposed of in terms of the Settlement Agreement confirming mutual divorce, return of articles, and financial adjustments with no further claims.

Malaichamy, Vs Kanimozhi — Matrimonial and Divorce | Madras HC (2021)

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CMA(MD). No.1098 of 2018

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Civil Appellate Jurisdiction )

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Monday, the Fifteenth day of March Two Thousand and Twenty One PRESENT

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The Honble Mrs.Justice PUSHPA SATHYANARAYANA AND The Honble Mrs.Justice S.KANNAMMAL

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CMA(MD). No.1098 of 2018

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MALAICHAMY ... Appellant/Petitioner

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KANIMOZHI ... Respondent/Respondent

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Prayer:-

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Civil Miscellaneous Appeal filed under Section 19(1) of the Family Court Act 1984, against the fair and decreetal order dated 09/07/2018 passed in HMOP NO.88 of 2017 on the file of the Family Court, Sivagangai.

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DECREE:-

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This Civil Miscellaneous Appeal having came up for final hearing on this day, upon perusing the grounds of Appeal, the order of the court and the material papers to the Appeal and upon hearing the arguments of MR. S. BALAJI, Advocate for the Appellant and of MR. R. KARTHIK, Advocate for the respondent, and the parties having entered into compromise requesting the court to pass a decree in the Appeal in terms of their compromise made between themselves through their respective advocates and having filed a Settlement Agreement Memo dated 26/03/2019 duly signed by the parties as well as by their advocates, wherein it is mentioned, and upon perusing the grounds of Appeal as well as the judgment and decree of the courts below and the records relating to the case and this day on 15/03/2021, this court while recording the said memo of Settlement Agreement and disposed the Civil Miscellaneous Appeal in terms of the Settlement Agreement Memo with following clauses:-

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(1) That the petitioner/husband has agreed that gold jewels weighing 22 sovereigns belonging to the respondent/wife is in his possession and he is returning the above jewels to the respondent/wife.

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(2) That the other articles given at the time of marriage viz., a) Cuboard

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b) Steel cot with bed

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c) Utensils

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d) Mixie and Grainder

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https://hcservices.ecourts.gov.in/hcservices/ e) All clothes

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CMA(MD). No.1098 of 2018

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Above articles are to be returned to the respondent/wife by the petitioner/husband.

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(3) That the respondent/wife has to give Rs.40,000/- (Rupees Forty thousand only) for the two wheeler given by the petitioner/husband to the father of the respondent/wife.

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(4) The respondent/wife has to give Rs.5,000/- (Rupees Five thousand only) for the educational expenses given by the petitioner/husband to the respondent/wife.

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(5) That the respondent/wife has to return “Thali” weighing 1/2 sovereigns to petitioner/husband.

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(6) That the respondent/wife has not claimed maintenance from the petitioner/husband.

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(7) That in view of the above terms both the petitioner/husband and the respondent/wife mutually have agreed for the Divorce by the mutual consent and the jewels of the respondent/wife has to be given to her before granting Divorce by the appropriate court.

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(8) That by signing the agreement all the parties hereto state that they have no further claims of demands against each other with respect to CMA(MD)NO.1098 of 2018 and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of conciliation/Mediation.

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(9) That there be no costs in this Civil Miscellaneous Appeal.

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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The Judge, Family Court, Sivagangai.

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Copy to:

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The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai - 2 Copies

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+1 CC to M/s.S.BALAJI, Advocate ( SR-11110 dated 15/03/2021 ) +1 CC to M/s.R.KARTHIK RAJAN, Advocate ( SR-11413 dated 16/03/2021 )

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

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CMA(MD). No.1098 of 2018

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ORDER DATED : 15/03/2021

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========================== DECREE ========================== CMA(MD). No.1098 OF 2018 Nature of Decree:Disposing the Civil Miscellaneous Appeal terms of the above said Settlement Agreement dated 26/03/2029 to set aide the judgment and decree passed in HMOP NO.88 of 2017 dated 09/07/2018 on the file of the Family Court, Sivagangai etc., as stated within.

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NA(CO) TR(30.04.2021) 3P 6C

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

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Malaichamy, v. Kanimozhi

Case brief

What is this about?

What did the court decide?

Malaichamy, v. Kanimozhi

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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