Difference between revisions of "Kuki Ravindran vs Chendrimada Somaya Madappa (2018) INSC 19 (11 January 2018)"

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(Created page with "<ref>Kuki Ravindran vs Chendrimada Somaya Madappa (2018) INSC 19 (11 January 2018) </ref>www.indiankanoon.org FACTS The following case is basically a matrimonial dispute betwe...")
 
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Latest revision as of 13:52, 1 July 2020

[1]www.indiankanoon.org FACTS The following case is basically a matrimonial dispute between the two parties referred to as appellant and respondent where appellant is Kuki Ravindran and the respondent is Chendrimada Somaya Madappa. The appellant and the respondent were married but after some time, dispute arose in the following marriage and both started living separately for some 10 years or so. An FIR was presented before Central Crime Branch, Chennai and which was later quashed by the authorities by finding some flaw in the FIR. The parties approached the court, so that they can end their marriage as they didn’t found each other compatible. In the court of II Additional Family Court, Chennai where there matter was disposed of by the magistrate in the said court. The parties went to High Court for there said matter and for the final judgment where there was a settlement which was arrived by the parties in the High Court of judicature of Madras so that they can dispose of the Criminal Case which was Section 13B of Hindu Marriage Act, 1955. The parties wanted the separation from each other and the high court ordered that the order should be actively effective. Moreover, the marriage between Kuki Ravindran, the appellant and Chendrimada Somaya Madappa was dissolved by the way of Decree of mutual consent. Later a joint memo was filed in the court so that the judgment should be prepared according to the joint memo as both the parties consent is essential for the separation and which is divorce as they were already living away from each other. The matter was pending before the trial court and there were attempts for the settlement between the parties but when no such settlement was carried out then the court appointed a senior counsel and her name was Mrs. Mahalaxmi Pavani and she assisted both the parties and after she intervened the entire dispute came to an end with the final settlement so that both can happily live all alone. They have also signed a joint Memo of Compromise which on the date 9 January 2018 giving to the mutual consent for signing the document before their respective counsel. The same document was recorded as the procedure established by law. Later the petition was filed in the 2nd family court, Saket, New Delhi and the parties were presented before the court and they submitted all the procedures and the order, judgment form high Court Judicature of Madras as to what was decided so far and the settlement on the parties have acted upon in furtherance with the guidance provided by the court.

JUDGEMENT

The court heard all the prevailing litigation and even took the assistance of Mrs. Mahalaxmi Pavani who settled their dispute, who is a learned senior counsel and she acted as a mediator in between the parties in this particular case. The court observed that the parties have purchase a piece of land and they want to settle their dispute amicably. The respondent, Chendrimada Somaya Madappa agreed to pay a sum of Rs. 80 lakhs as the petitioner has the right to one time settlement and full and final payment should be provided of the entire claims. It was agreed that the marriage between the appellant and the respondent was dissolved. Moreover, the respondent requested the court to seek the permission regarding the payment of the dispute as of the time period of eight weeks so that he can give the money to the appellant and the case should end in a easy go manner. The court ordered both the parties to present themselves in the court on the particular date and the respondent shall produce a Demand Draft of Rs.80 lakhs in favour of Kuki Ravindran on the particular date. The court even recorded the appreciation of Mrs. Mahalaxmi PAvani, a learned senior counsel for her contribution in the said matter by assisting the court.

  1. Kuki Ravindran vs Chendrimada Somaya Madappa (2018) INSC 19 (11 January 2018)