Husband's appeal against a divorce decree was referred to the Tamil Nadu Mediation and Conciliation Centre by consent. Parties settled for Rs.4,50,000 as full and final alimony, paid in two installments, agreeing to withdraw other cases and waive future maintenance claims. Recording the settlement and memo, the Court closed the appeal.
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.
C.M.A.No.2168 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.11.2024
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU and THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
C.M.A.No.2168 of 2012 and M.P.No.1 of 2012
J. Muralidharan
... Appellant
Vs.
Rajeswari
... Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 19 of Family Courts Act, 1984, against the order passed in O.P.No.1056 of 2009 dated 14.02.2012 on the file of the II Additional Principal Judge, Family Court, Chennai.
For Appellant : Mr.S.Balasubramaniam
For Respondent : Mr.T.S.Kanmani
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C.M.A.No.2168 of 2012
JUDGMENT
(Judgment of the Court was delivered by J. Nisha Banu, J)
The present Civil Miscellaneous Appeal has been filed against the judgment and decree dated 14.02.2012 allowing O.P.No.1056 of 2009 filed by the respondent/wife for divorce on the file of the II Additional Principal Judge, Family Court, Chennai.
"(a) That both the appellant Mr.J.Muralidharan and the respondent Mrs.Rajeswari, shall not proceed with the above appeal in C.M.A.No.2168 of 2012 against
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C.M.A.No.2168 of 2012
O.P.No.1056 of 2009 for permanent alimony, pending before the Hon'ble High Court at Madras.
(b) That the appellant Mr.J.Muralidharan, hereby voluntarily accepted to pay a sum of Rs.4,50,000/- (Rupees Four Lakhs and Fifty Thousand only) to the respondent Mrs.Rajeswari by way of two installments i.e. Ist installment is Rs.2,00,000/- (Rupees Two Lakhs Only) to be paid today on 30.07.2024 and IInd installment is Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only) to be paid on or before 30.08.2024.
(c) That if any case or complaint pending before any authority, after the decree of this case, the same stands automatically dismissed or withdrawn by the respondent against the appellant and vice versa.
(d) That the respondent shall not claim any maintenance or permanent alimony from the appellant in future. Similarly, the appellant shall not claim any maintenance or permanent alimony from the respondent in future in no headings."
counsel have appeared before this Court and affirmed that they have settled their dispute before the Mediation Centre and the appellant/
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C.M.A.No.2168 of 2012
husband has paid the entire amount towards full and final settlement to the respondent/wife. To that effect, they have also filed a Memo dated 02.09.2024, which reads as follows:-
MEMO
"In the above mentioned C.M.A.No.2168, an agreement of settlement was entered between the appellant/husband and the respondent/wife before the Mediation Centre, in which the full and final settlement towards the alimony was agreed for Rs.4,50,000/-. Out of the said amount, the appellant/husband paid Rs.2,00,000/- (cash) on 30.07.2024 to the respondent/wife, now the balance of Rs.2,50,000/- (cash) is being paid to the respondent/wife".
parties before the Mediation Centre, dated 30.07.2024 and the Memo filed before this Court dated 02.09.2024, this Civil Miscellaneous Appeal is closed. The Settlement Agreement shall form part of this judgment. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.
(J.N.B, J.) (R.S.V., J.)
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C.M.A.No.2168 of 2012
13.11.2024
asi
To
The II Additional Principal Judge, Family Court, Chennai.
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C.M.A.No.2168 of 2012
J. NISHA BANU, J. and R. SAKTHIVEL, J.
asi
C.M.A.No.2168 of 2012 and M.P.No.1 of 2012
13.11.2024
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1 provisions across 1 enactments
J. Muralidharan
Rajeswari
J. Nisha Banu
R. Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
