Madras High Court
S.Muthuvel vs M.Jansirani on 16 February, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A(MD)NO.391 of 2020
S.Muthuvel :Appellant/Petitioner
.vs.
M.Jansirani :Respondent/Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the
Family Courts Act praying this Court to set aside the order passed
in H.M.O.P.No.270 of 2018, dated 25.6.2019, on the file of Family
Court, Tirunelveli.
For Appellant :Mr.T.Selvan
For Respondent :Mr.D.A.Prabakar
JUDGMENT
*************
[Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.]
This Civil Miscellaneous Appeal is directed against the order
made in H.M.O.P.No.270 of 2018, dated 25.6.2019, on the file of
Family Court, Tirunelveli, refusing to grant a decree of divorce filed
by the respondent/husband.
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2.Heard the learned counsel appearing on either side and
perused the materials placed before this Court, including the Joint
Compromise Memo filed by both the parties.
3.When the matter is taken up for hearing today, it is stated
that both the parties have entered into a compromise and as such,
a Joint Compromise Memo, dated 16.02.2021, is reduced into
writing, which was duly signed by both the parties and their
respective counsels. Both the parties have appeared before this
Court in person and they have accepted the terms of the above
Joint Compromise Memo.
4.The terms of the Joint Compromise Memo, dated 16.2.2021,
reads as follows:
''1.The Appellant and Respondent have agreed
to dissolve their marriage solemnized on 19.02.1999
by mutual consent without any maintenance.
2.The Appellant and the Respondent agrees to
live separately and lead their respective lives in their
own way and agree not to interfere in the life of each
other.
3.The Appellant had handed over all the jewels
to the Respondent and the Respondent also
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acknowledges the receipt of the same.
4.The Appellant and the Respondent mutually
agrees that the custody of their son Surya and minor
daughter Dhanushya shall be with the Mother, the
Respondent herein.
5.The Appellant and the Respondent mutually
agrees that the Appellant shall be given the visitation
rights to visit his son and minor daughter on the
consent of the Respondent herein, subject to her
convenience. ''
5.In view of the above compromise entered into between the
parties, the marriage that was solemnised on 19.02.1999 between
the parties is dissolved by a decree of divorce and the Civil
Miscellaneous Appeal is disposed of in terms of the Joint
Compromise Memo. The Joint Compromise Memo shall form part
and parcel of this Judgment. No costs.
[P.S.N.,J.] & [S.K.,J.]
16.02.2021
Index:Yes/No
Internet:Yes/No
vsn
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Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
the order may be utilized
for official purposes, but,
ensuring that the copy of
the order that is presented
is the correct copy, shall be
the responsibility of the
Advocate / litigant
concerned.
To
1.The Judge,
Family Court,
Tirunelveli.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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PUSHPA SATHYANARAYANA, J.
AND
S.KANNAMMAL, J.
vsn
JUDGMENT MADE IN
C.M.A(MD)NO.391 of 2020
16.02.2021
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