Madras High Court
C.Gopi vs Sathiavathi Sivakumar on 19 April, 2021
C.M.A.No.192 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
C.M.A.Nos.192 of 2019 and 3042 of 2018
and
C.M.P.No.23042 of 2018
C.Gopi ... Appellant/ Petitioner in both Appeals
Vs
Sathiavathi Sivakumar
... Respondent/Respondent in both Appeals
COMMON PRAYER : Civil Miscellaneous Appeal filed under Section 19 of the
Family Court Act, 1984, praying to set aside the fair order and decree dated
13.11.2018 made in FCOP.Nos.240 of 2017 and 568 of 2014 respectively, on the
file of the Family Court, Vellore.
For Petitioner : Mr.R.Shanmugasundaram
Standing Counsel for
Mr.S.John J.Raja Singh
For Respondent : Mr.Rupert J.Barnabas
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C.M.A.No.192 of 2019
COMMON ORDER
(Order of the court was made by N.KIRUBAKARAN.J.,)
The matters were heard through "Video Conference".
CMA.No.192 of 2019 has been filed against the order of dismissal of
the petition filed under Sections 7,8 and 25 of Guardian and Wards Act 1890 by
the appellant/husband against the respondent/wife, passed by the Family Court,
Vellore.
CMA.No.3042 of 2018 has been filed against the order passed by the
Family Court, Vellore, dismissing the petition filed under Section 13(1) (i-b) of
Hindu Marriage Act, by the appellant/husband against the respondent/wife
2. The appellant got married to the respondent on 24.05.2004 at
Vellore. The petitioner is a Software Engineer working in USA. After marriage,
the respondent also went to America. Since the respondent got conceived she came
back to India and thereafter, she returned to America. The respondent gave birth to
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C.M.A.No.192 of 2019
a male child on 14.10.2005 viz., Harish Gopi, in America. Since there was a
dispute between both the parties, the respondent returned to India and thereafter
they are living separately. After returning from USA, the appellant filed two
petitions in FCOP.No.568 of 2014, under Section 13(1) (i-b) of Hindu Marriage
Act for dissolving the marriage dated 24.05.2004 between the appellant and the
respondent and another petition in FCOP.No.240 of 2017 under Sections 7, 8 and
25 of Guardian and Wards Act 1890, before the Family Court, Vellore.
3. On contest, both the petitions were dismissed. Aggrieved over that
only, the present appeals have been filed by the appellant.
4. When the matters are called today, i.e., 19.04.2021, both the parties
appeared before this Court along with their son and they categorically stated that
they have decided to part ways and also filed a joint memo of compromise signed
by both the parties and counter signed by their respective counsel. The memo of
compromise is also signed by their son.
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C.M.A.No.192 of 2019
5. In the said memo of compromise, the appellant undertook to give a
sum of Rs.75,50,000/- in favour the respondent/wife by way of D.D.No.231717,
South Indian Bank Limited, Vellore, dated 16.04.2021 and a sum of Rs.50,00,000/-
in favour of his minor son, D.D.No.508114, ICICI Bank, Vellore, dated 17.04.2021
and the same was received by the respondent in open Court as full and final
settlement.
6. As per Clause 10 of the memo of compromise, the appellant and the
respondent request this Court to dissolve the marriage dated 24.05.2004 between
the appellant and the respondent.
7. Since the parties categorically stated before this Court that they
have decided to part ways and the joint compromise memo has also been filed, this
Court set aside the dismissal order passed in FCOP.No.240 of 2017 and
FCOP.No.568 of 2014, dated 13.11.2018, passed by the Family Court, Vellore and
grants the decree of divorce by mutual consent. Both the parties agreed not to press
the allegations made against each other.
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C.M.A.No.192 of 2019
8. The appeals are allowed in the above terms. The memo of
compromise shall form part of the decree. Since the son is a Citizen of USA and
the passport has already got expired, the required unconditional support/assistance
has to be provided by the appellant to the respondent for getting renewal of the
passport within a period of two months from the date of receipt of a copy of this
judgment. No costs.
.
[N.K.K.,J.] [T.V.T.S.,J.]
19.04.2021
ub/sai
Index: Yes/No
Internet: Yes/No
To
The Family Court, Vellore.
Note: Issue order copy on 27.04.2021
N.KIRUBAKARAN, J.
http://www.judis.nic.in
C.M.A.No.192 of 2019
and
T.V.THAMILSELVI , J.
ub/sai
C.M.A.Nos.192 of 2019 and 3042 of 2018
Dated:19.04.2021
http://www.judis.nic.in
