The compensation claim of almost RM1 million filed by a company director against his ex-fiancee for breaking off their engagement in April last year was amicably resolved today with both parties agreeing to the terms of settlement.

Counsel Azmi Mohd Rais representing the plaintiff, Mohamad Fahizul Khairi, 54, told the Syariah High Court here that the terms agreed by his client and the defendant Nor Daliya Mohd Daud, 35, included the plaintiff agreeing to accept RM600,000 from the defendant as overall settlement.

"The amount will be paid to Messrs Zukifli Yong Azmi & Co as the trustee for the deposit from the buyer of a 2 1/2-storey link house in Bandar Utama, Petaling Jaya within seven days of the purchase and/or the balance from the sale of the property paid to the defendant.

"The plaintif will withdraw any restraining order or caveat on the property within three days after the court order is made, and that both parties including their representatives or agents are prohibited from disturbing each other, and each other's family and friends after this."

Azmi said both parties also agreed not to be involved directly or indirectly in the custody case involving Daliya and her former husband, failing which action could be taken against them for contempt of court.

He said Fahizul and Nor Daliya also agreed not to make claims on each other, whether at the syariah or civil court, except in the event of a violation of the court order.

Syariah lawyer Mohamad Isa Abd Ralip, representing Nor Daliya, a bank officer, then confirmed the seven terms agreed upon which were read by Azmi in court.

After getting confirmation from the plaintiff and defendant and reading again the terms of settlement, syariah judge Mohammad Adib Husain made the agreed terms into a court order.

In his statement of claim, Fahizul had stated that they were engaged on Dec 6, 2007 in Pekan, Pahang and that as part of the engagement, he bought her a 2 1/2-storey house in Bandar Utama which was to be their marital home.

He claimed he also made cash payments to her for, among others, renovation to the house, furnishings and a downpayment on a Honda Civic car meant for her use, all of which were deposited into her bank account.

He said the defendant, a divorcee and mother of two, had been unfaithful to him, and as part of the terms of the break-up, both sides agreed to return money given to each other, but she failed to do so.

He had sought damages amounting to RM971,186.57, costs and other relief deemed fit by the court.

- Bernama