Husband appealed a dismissal of his divorce petition based on a joint settlement agreement wherein parties agreed to live separately and the respondent consented to divorce subject to payment of lump sum and jewelities.
Civil Miscellaneous Appeal allowed; order of 10.01.2024 setting aside to decree divorce.
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C.M.A.No.897 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.12.2024
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU and THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
C.M.A.No.897 of 2024 and C.M.P.No.8285 of 2024
P.N. Balasubramanyam
... Appellant
Vs.
D.Devi @ Revathi
Respondent
Prayer: This Civil Miscellaneous Appeal is filed under Section 19 of the Family Court Act, to call for the records pertaining to the fair and decreetal order dated 10.01.2024 passed in O.P.No.2223 of 2019 on the file of the learned II Additional Principal Family Court at Chennai and set aside the same.
For Appellant : Mr.K.Govindan For Respondent : Mrs.A. Sumathy
Page 1 of 6
C.M.A.No.897 of 2024
JUDGMENT
(Judgment of the Court was delivered by J. Nisha Banu, J)
This Civil Miscellaneous Appeal has been filed by the appellant/husband against the judgment and decree dated 10.01.2024 dismissing the divorce petition in O.P.No.2223 of 2019 filed by the appellant/husband on the ground of cruelty on the file of the learned II Additional Judge, Principal Family Court, Chennai.
Page 2 of 6
C.M.A.No.897 of 2024
''Consent memo filed by both parties:-
I am appellant herein and the above CMA came before the Hon'ble Division Bench on 20.11.2024, the Hon'ble Court orally directed the appellant to handover the Rs.8,00,000/- (Eight Lakhs only). Accordingly I stated that below mentioned Rs.8,00,000/- (Eight lakhs only) DD's are handed over to the respondent today i.e., on 17.12.2024 before the present of both the counsels.
1. D.D.No.145031 dated 09.12.2024 Rs.4,00,000(Four lakhs only)
2. D.D.No.145036 dated 13.12.2024 Rs.4,00,000 (Four lakhs only)
Respondent ready to give consent for divorce therefore gives no objection in the C.M.A.No.897 of 2024. Hence, this Court may be pleased to allow the CMA.
As already I have returned on 30.04.2024, 7 sovereigns gold jewels to the respondent and today remaining 1½ sovereigns gold jewels equal-ant paid by case Rs.85,800/- (Eight five thousand eight hundred only) and Rs.8,00,000/- (Eight lakhs only) to the respondent, the respondent also checked and received the D.D's.
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C.M.A.No.897 of 2024
Thus, complied with the order of the trial Court dated 10.01.2024 on the file of the II Additional Principal Judge at Chennai.
Therefore, this Hon'ble Court may be pleased to record and allow the CMA.”
17.12.2024, filed by the parties shall form part of the decree. Consequently, connected miscellaneous petition is closed. No costs.
(J.N.B., J.) (R.S.V., J.) 18.12.2024
rts
Page 4 of 6
C.M.A.No.897 of 2024
To
The II Additional Judge, Principal Family Court, Chennai.
Page 5 of 6
C.M.A.No.897 of 2024
J. NISHA BANU, J. and R. SAKTHIVEL, J.
rts
C.M.A.No.897 of 2024 and C.M.P.No.8285 of 2024
18.12.2024
Page 6 of 6
P.N. Balasubramanyam
D.Devi @ Revathi
J.Nisha Banu
R.Sakthivel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
