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N.Vijayakumar vs V.Parvathi on 14 July, 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 14.07.2017

CORAM

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN
and
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

C.M.A.(MD)Nos.1144 of 2016 and 1145 of 2016
and
C.M.P.(MD)Nos.10317 and 10318 of 2016

N.Vijayakumar : Appellant in both C.M.As.

Vs.

V.Parvathi : Respondent in both C.M.As.

PRAYER in C.M.A.(MD)No.1144 of 2016 : Appeal is filed under Section 19 of
Family Court Act, 1984, praying to set aside the fair and decreetal order in
H.M.O.P.No.45 of 2016, on the file of the Family Court, Tirunelveli, dated
17.09.2016.

PRAYER in C.M.A.(MD)No.1145 of 2016 : Appeal is filed under Section 47 of
Guardian and Wards Act, 1890, praying to set aside the fair and decreetal
order in G.W.O.P.No.46 of 2016, on the file of the Family Court, Tirunelveli,
dated 17.09.2016.

!For Appellant : M/s.Thenmozhi Shiva Perumal

^For Respondent : Mr.S.Stalin Muthu

:COMMON JUDGMENT

[Judgment of the Court was delivered by K.K.SASIDHARAN, J.]

The Civil Miscellaneous Appeal in C.M.A.(MD)No.1144 of 2016 is
directed against the order dated 17 September, 2016, in H.M.O.P.No.45 of
2016, partly allowing the Original Petition filed by the appellant for
divorce.

2. The Civil Miscellaneous Appeal in C.M.A.(MD)No.1145 of 2016 is
directed against the order dated 17 September, 2016, in G.W.O.P.No.46 of
2016, dismissing the Petition filed by the appellant for guardianship.

3. During the currency of the appeals, the parties have settled the
matter.

4. The parties have filed a joint memorandum of compromise dated 03
June, 2017, indicating the terms and conditions of the settlement. As per the
settlement dated 03 June, 2017, the appellant has to pay a sum of
Rs.9,40,000/- (Rupees Nine Lakhs and Forty Thousand only). The appellant has
paid the said amount to the respondent by way of three Demand Drafts bearing
No.379346, dated 24.05.2017 [Rs.40,000/-], No.379345, dated 24.05.2017
[Rs.5,00,000/-] and No.03877, dated 30.05.2017 [Rs.4,00,000/-].

5. The respondent is present in Court today. We have enquired with the
respondent with regard to the settlement. She confirmed that she has signed
the joint memorandum of compromise and she is prepared to receive the amount.
Accordingly, the amount of Rs.9,40,000/- (Rupees Nine Lakhs and Forty
Thousand only) was handed over to the respondent.

6. The Civil Miscellaneous Appeals are disposed of in terms of the
joint memorandum of compromise. No costs. Consequently, the connected
miscellaneous petitions are closed.

To
The Family Court,
Tirunelveli.

.

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