Mahesh vs Rathi @ Rajathi
2021 Latest Caselaw 16905 Mad

                                                                              C.M.A.No.1858 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 18.08.2021

                                                         CORAM :

                                    THE HON'BLE MR.JUSTICE N.KIRUBAKARAN
                                                     and
                                   THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

                                                 C.M.A. No.1858 of 2021

                     Mahesh                                                        ...Appellant

                                                             Vs

                     1.Rathi @ Rajathi                                            ...Respondent

                     PRAYER : Civil Miscellaneous Appeal filed under Section 19 of the
                     Family Courts Act, 1984, to set aside the fair and decreetal order dated
                     09.04.2021 passed in I.A. No. 492/2020 in H.M.O.P. No. 112/2020 on
                     the file of the Judge, Family Court, Cuddalore.

                              For Appellant      :       Mr.I.Abrar Mohamed Abdulliah

                              For Respondent     :       Mrs. G.Sudha


                                               JUDGMENT

(Judgment of the Court was delivered by N.KIRUBAKARAN, J)

The matter has been heard through "Video Conference".

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C.M.A.No.1858 of 2021

2. This Appeal has been filed against the fair and decreetal order

dated 09.04.2021 passed in I.A. No. 492 of 2020 in H.M.O.P. No. 112 of

2020.

3. Facts of the case is that the Appellant got married to the

Respondent on 20.03.2015 and out of the wedlock, a child viz., Pritu was

born on 08.01.2017. However, they have been living separately for the

past three years, due to disputes between them. In view of the above

developments, the Appellant filed an Original Petition in H.M.O.P.

No. 112 of 2020 under Section 13(1)(ia) of the Hindu Marriage Act,

1955 to dissolve the marriage. In the said H.M.O.P. No. 112 of 2020, I.A.

No. 492 of 2020 has been filed by the Respondent/ Wife seeking

Rs.50,000/- towards interim maintenance and the said Application was

partly allowed, directing the Appellant /Husband to pay a sum of

Rs.30,000/- to the Respondent and their Child viz., Pritu together. The

said order dated 09.04.2021 is challenged before this Court in this

Appeal.

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C.M.A.No.1858 of 2021

4. Taking note of the fact that it is a family dispute, this Court called

both the Parties and mediated. With the active co-operation of Mr. Abrar

Mohamed Abdulla, Learned Counsel for the Appellant and

Mrs. G.Sudha, Learned Counsel for the Respondent the matter has been

settled.

5. When the matter is called today, both Appellant and Respondent

are present before this Court and categorically declared that they are not

interested to live together and agreed to dissolve the marriage dated

20.03.2015. In view of that, the Appellant agreed to pay a sum of

Rs.22,50,000/- towards full and final settlement, and in this regard, a sum

of Rs.10,00,000/- has already been paid, as part-payment by cash. The

Appellant also agrees to pay the balance sum of Rs.12,50,000/- within a

period of three months from today, i.e., 18.08.2021.

6. The Appellant shall continue to pay a sum of Rs.5,000/- to the

account of the Respondent on or before 10th of every succeeding English

calendar month. The educational expenses and medical expenses of the

child shall be borne by the Appellant, apart from marriage expenses of

the child.

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C.M.A.No.1858 of 2021

7. In view of that, a joint memo of compromise dated 16.08.2021

signed by both Parties and counter-signed by their respective Counsel

has been filed. A perusal of the joint memo of compromise would reflect

what has been stated by Parties before this Court.

8. In view of the above, no purpose would be achieved by

keeping H.M.O.P. No. 112 of 2020 on the file of the Family Court,

Cuddalore. Therefore, this Court, suo motu, invokes Article 227 of the

Constitution, Section 24 of the Hindu Marriage Act and Section 151 of

the Code of Civil Procedure and withdraws H.M.O.P. No. 112 of 2020 to

the file of Family Court, Cuddalore and grants decree of divorce by

mutual consent, as per the joint memo of compromise filed by Parties.

This stage is necessary to avoid unnecessary harassment to Parties and

also to save money and time and Joint Memo of Compromise shall form

part and parcel of this Judgment.

9. In view of that, the fair and decreetal order dated 09.04.2021

passed in I.A. No. 492 of 2020 in H.M.O.P. No. 112 of 2020 is set aside

and decree of divorce by mutual consent is granted dissolving the https://www.mhc.tn.gov.in/judis/

C.M.A.No.1858 of 2021

marriage dated 20.03.2015 between the Appellant and the Respondent, as

per the joint memo of compromise dated 16.08.2021.

10. With the above, this Appeal is dismissed. Both the Appellant and

the Respondent shall not poison the mind of the child by giving wrong

information either about the Appellant or the Respondent, for healthy

growing up of the child. The Respondent shall permit the Appellant to

visit the child, whenever he wants to visit and the Appellant shall not

create any problem, during his visit. It is made clear the custody of the

child shall be with the mother and the Appellant shall have visitation

right. No costs.

[N.K.K., J.] [T.V.T.S.,J.] 18.08.2021 Maya

Index:Yes/No Internet:Yes/No

To

1. The Judge, Family Court, Cuddalore.

https://www.mhc.tn.gov.in/judis/

C.M.A.No.1858 of 2021

N.KIRUBAKARAN, J.

And T.V.THAMILSELVI, J.

Maya

C.M.A.No.1858 of 2021

Dated: 18.08.2021

https://www.mhc.tn.gov.in/judis/