Madras High Court
S.Varalakshmi vs G.Srinivasan on 9 November, 2021
CMA No.2553 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.11.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.A.No.2553 of 2019
S.Varalakshmi ... Appellant
-vs-
G.Srinivasan ... Respondent
Civil Miscellaneous Appeal filed under Section 19 of the Family
Court Act, 1984, against the Fair and decreetal order dated
22.01.2018, directing the respondent to pay a sum of Rs.15,000/- to
the appellant and her son as interim maintenance from the date of
filing the petition in I.A.No.1891/2016 in O.P.No.4674/2015 i.e.
3.8.2016 passed by the VII Additional Judge, Family Court, Chennai.
For Appellant : Mr.C.Kanagaraj
For Respondent : ...
1/8
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CMA No.2553 of 2019
JUDGMENT
(Judgment of the Court was pronounced by T.RAJA, J.)
This Civil Miscellaneous Appeal has been directed against the
fair and decreetal order dated 22.01.2018 passed in I.A.No.1891/2016
in O.P.No.4674/2015 in and by which the learned VII Additional Judge,
Family Court, Chennai, directed the respondent-husband to pay a sum
of Rs.15,000/- to the appellant-wife and her son as interim
maintenance from the date of filing the said petition i.e. 3.8.2016.
2. To-day both parties, namely, appellant-wife Varalakshmi
and the respondent-husband G.Srinivasan appeared through the
virtual mode.
3. Learned Counsel appearing for the appellant filing a Joint
Compromise Memo dated 22.10.2021 stated that both the parties have
resolved to dissolve the marriage that took place between them as per
the specific terms and conditions mentioned in the Joint Compromise
Memo. Recording the same, the present Civil Miscellaneous Appeal
may be disposed of.
4. We have also heard the parties through virtual mode.
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CMA No.2553 of 2019
5. In this regard it is pertinent to extract the Joint Memo of
Compromise here under:
''JOINT COMPROMISE MEMO FILED BY BOTH THE
PARTIES
We both parties hereby agree to settle to end our
matrimonial and state
As follows:
1.The Respondent in H.M.O.P.No.4674 of 2015 is the
husband of the Petitioner in the above said H.M.O.P.
2. The Petitioner married the Respondent on 31.08.2006
which was an arranged marriage and the same was held at
Vidhyabarathi Marriage Hall at Mylapore, Chennai.
3.The Respondent who is working in I.T.Company in
MPHASIS a HP Company as a Team Leader. Mean while,
misunderstanding occurred continuously between the husband
and the wife. In spite of the misunderstanding, out of happy
married life with a lot of differences, the Petitioner gave birth
to a male child whose name is “John Joseph” born in
29.01.2008. Presently the child is with the Petitioner who is
taking Care of him from his childhood. The child is studying 9th
standard from the Petitioner separated rental house.
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CMA No.2553 of 2019
4.The Petitioner was having the custody of the alleged
certificates of the Respondent. There is an interim
maintenance award in I.A.No.1891/2016 in O.P.No.4674 of
2015 a sum of Rs.15,000/- to be paid a every month from the
date of the filing of the above said H.M.O.P. petition dated
03.08.2016. As of now, the total amount is a sum of
Rs.9,00,000/- as on date. Apart from this afore mentioned
issues, the Petitioner is claiming a permanent alimony from the
Respondent for a sum of Rs.60,00,000/-. Hence, the Petitioner
filed the above said CRP against the lesser amount of interim
maintenance award and the surrender of original documents of
the Respondent. During the period of the final hearing of the
above said CRP, both the parties agree to settle the issue
amicably on their own with the help of elders by free and fair
manner without any coercion as follows:
i) The Respondent will register half of the property in the
name of Varalakshmi and other half in the name of minor son
with mother as guardian on the date of Signing MOU. The
property shall be henceforth owned by both mother
Varalakshmi, minor son John Joseph with the Petitioner as the
guardian. The property is a vacant house site situated at
Mangadu Village bearing plot No.A 6 in Sri Amman Nagar,
CMDA Approved layout planning permit No.79/2009 Vide
letter No.429/2009, dated 11.09.2009 comprised in survey
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CMA No.2553 of 2019
No.482/2A2B3 at Mangadu Village Sriperumpudur Taluk,
Kancheepuram District to an extent of 1053 sq.ft. which was
registered as a document No.2457/2010 dated 11.03.2010 at
the Sub Registrar Office at Kundrathur and the same is given
for the welfare of the Petitioner.
ii) The Respondent, apart from the above said terms,
agreed to pay cash a sum of Rs.10,00,000/- (Rupees Ten Lakhs
Only) through D.D in the hands of Varalakshmi the Petitioner
for the expenses incurred to the Petitioner towards the
Permanent alimony as a full and final settlement against the
claim sum of Rs.60,00,000/-(Rupees Sixty Lakhs Only) on the
date of Signing this M.O.U.
iii) The mutual divorce should not affect the relationship
with Respondent and his son John Joseph. The Respondent
should be Allowed to maintain his relations with John Joseph.
iv) The Petitioner agreed to return the original sale deeds
of the properties, passport, 10th Grade Mark Sheets, 12th Grade
Mark Sheets, ration card of the Respondent including any other
documents under the custody of the Petitioner. All the original
educational certificates mentioned above are with the
Petitioner. The Petitioner should return them intact at the time
of registration.
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CMA No.2553 of 2019
v) The Petitioner fully agree that the case was filed due to
misunderstanding and fully agree to withdraw the case without
any objection and any other liability to the Respondent except
stated in this agreement. The Petitioner will notify in the High
Court for recording of the same to withdraw the case i.e. CRP
3/2019 in the Madras High Court.
vi) The Petitioner also agreed to close the case in
H.M.O.P.No.4674 of 2015 on the file of the VII Additional
Family Court at Chennai on recordings this terms.
vii) The Respondent has the child visiting rights. He can
visit the child at the venue of Marina Beach Light House with
the prior permission on fixing both parties convenient time,
only on Saturdays and Sundays.
viii) The Petitioner and Respondent marriage were registered
properly. Therefore, the cancellation of the marriage should be
notified in the Registration office in order not to be a hurdle for
our future marriage endeavours. Further, there should not be
any interference from the Petitioner's side as well as
Respondent side in the future on any ground. It is agreed by
Petitioner and Respondent that there is no further Provision to
claim in the future by both the parties for any other Settlement
not specified in this agreement. The Marriage solemnised
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CMA No.2553 of 2019
between the appellant and the respondent on 31/08/2006 is
dissolved.''
Since both the parties have agreed for dissolution of the
marriage that was solemnised between them on 31.08.2006 as per the
terms and conditions mentioned in the Joint Compromise Memo signed
by both the parties and both the Counsels, recording the same, we
hereby declare that the marriage of the appellant and the respondent
is hereby dissolved. It is needless to mention that the said Joint Memo
of Compromise shall form part of the record.
6. The Civil Miscellaneous Appeal is disposed of accordingly.
No costs.
(T.R.J.,) (D.B.C.J.,)
09.11.2021
Index : Yes
Internet : Yes
Note : Issue order copy on 24.11.2021.
tsi
https://www.mhc.tn.gov.in/judis
CMA No.2553 of 2019
T.RAJA, J.
and
D.BHARATHA CHAKRAVARTHY, J.
tsi
To
The VII Additional Judge, Family Court, Chennai.
C.M.A.No.2553/2019
09.11.2021
https://www.mhc.tn.gov.in/judis
CMA No.2553 of 2019
https://www.mhc.tn.gov.in/judis
