Madras High Court
J.Johnson Muthusamy vs Muthuveni @ Punitha on 29 November, 2021
C.M.A.(MD).No.718 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 29.11.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD).No.718 of 2020
J.Johnson Muthusamy ...Appellant/Petitioner-
Husband
Vs.
Muthuveni @ Punitha ...Respondent/Petitioner -
Wife
PRAYER : Civil Miscellaneous Appeal filed under Section 55 of Indian
Divorce Act, to set aside the fair and decreetal order made in I.D.O.P.No.28
of 2018, dated 13.07.2020 on the file of District Court, Dindigul.
For Appellant :Mr.N.Marimuthu
For Respondent :Mr.D.Venkatesh
JUDGMENT
This Civil Miscellaneous Petition is filed to set aside the fair and
decreetal order made in I.D.O.P.No.28 of 2018, dated 13.07.2020 on the file
of the District Court, Dindigul.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.718 of 2020
2.The appellant/husband has filed an application in I.D.O.P.No.28 of
2018 before the learned Principal District Judge, Dindigul, against the
respondent/wife for divorce. The Trial Court has dismissed the said
application, on 13.07.2020. Against which, the appellant/husband filed the
present appeal.
3.When the matter is taken up for hearing today, the learned counsel
appearing for the appellant/husband would submit that due to the
intervention of the relatives and well-wishers of both parties, the matter has
been settled between themselves and the respondent/wife has given her
consent, thereby granted divorce. Both parties have also filed a joint
Compromise Memo before this Court to that effect, which has been duly
signed by both the appellant and the respondent and their respective
counsels.
4.Both the parties have agreed to the terms of the joint compromise
memo dated 06.10.2021, which reads as follows:
“a. The appellant has agreed to pay a sum of Rs.
1,10,000/- to the respondent as full and final settlement
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C.M.A.(MD).No.718 of 2020
towards permanent alimony by cash and the respondent
has received the said sum in the presence of her counsel.
The respondent also undertakes she did not claim any
maintenance in future by filing any applications before
any court of law either monthly maintenance or
permanent alimony.
b. The respondent without admitting the
averments made in the application filed y the appellant
in I.D.O.P.No.28 of 2018 on the file of the Principal
District Court, Dindigul, hereby give her consent for
allowing the present civil miscellaneous appeal and
thereby granting divorce between herself and the
appellant.
c. The above terms of compromise have been
explained to the parties in Tamil and they have agreed to
enter the compromise on their own volition without any
coercion whatsoever.
d. The parties have further agreed to dispose the
above appeal in terms of the above joint compromise
memo and the decree shall be passed in accordance with
the terms of compromise.”
5.In view of the above submission made by the learned counsel
appearing on either side, this Civil Miscellaneous Appeal is allowed in terms
of the Joint Compromise Memo and the fair and decreetal order made in
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.718 of 2020
I.D.O.P.No.28 of 2018, dated 13.07.2020 on the file of District Court,
Dindigul, is set aside. The Joint Compromise Memo shall form part and
parcel of the judgment. No costs.
29.11.2021
Index :Yes/No
Internet:Yes/No
Ns
To
1.The District Court,
Dindigul.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).No.718 of 2020
S.ANANTHI, J.
Ns
Common Judgment made in
C.M.A.(MD).No.718 of 2020
29.11.2021
https://www.mhc.tn.gov.in/judis
