Madras High Court
T.Rathimunisree vs A.Raja on 5 October, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE: 5.10.2021.
CORAM
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
C.M.S.A.(MD) No.24 of 2017
and
C.M.P.(MD) No.6858 of 2017
T.Rathimunisree Appellant/Appellant/ Respondent
vs.
A.Raja Respondent/Respondent/Petitioner
Civil Miscellaneous Second Appeal filed under Section 28 of
Hindu Marriage Act, read with Section 100 CPC against the Judgment
and Decree dated 14.12.2015 passed in H.M.C.M.A.No.12 of 2015 on
the file of the I Additional District Court, Thoothukudi confirming the
order dated 23.7.2015 passed in H.M.O.P.No.4 of 2015 on the file of
the Sub Court, Kovilpatti.
For Appellant : Mr.M.Saragan
For Respondents : Mr.M.Michael Bharathi
JUDGMENT
The Civil Miscellaneous Appeal has been filed seeking to set aside
the judgment and Decree dated 14.12.2015 passed in H.M.C.M.A.No.
12 of 2015 on the file of the I Additional District Court, Thoothukudi
which confirms the order dated 23.7.2015 passed in H.M.O.P.No.4 of
2015 on the file of the Sub Court, Kovilpatti.
https://www.mhc.tn.gov.in/judis/
2. Learned counsel appearing for the parties on either side would
submit that the marriage between the appellant and the respondent
was solemnized on 30.11.2000 and due to certain differences that
arose between the parties, the respondent-husband had filed
H.M.O.P.No.4 of 2015 before the learned Sub Judge, Kovilpatti and
the court, by order dated 23.7.2015 dissolved the marriage between
the parties. Aggrieved against the same, the wife had preferred
Appeal in H.M.C.M.A.No.12 of 2015 before the learned I Additional
District Judge, Thoothukudi and the Appeal was dismissed confirming
the decree of divorce granted against which the wife had preferred the
present Civil Miscellaneous Second Appeal.
3. Pending the appeal, the parties have compromised the
differences between them and they have filed the Memorandum of
Understanding for reunion dated 27.9.2021 which reads as under:-
"This Memorandum of Understanding, hereinafter
will be referred to MoU for brevity sake, is made on
the 27th day of September, 2021 between A.Raja
(Aadhaar No.3396 8927 2704) son of
S.Arumugasamy, aged 47 years and residing at 20,
Chidambaram Nagar, Sattur in Virdhunagar District
https://www.mhc.tn.gov.in/judis/
of one part and Rathi Munisri (Aadhaar No.6945
0673 0947) wife of A.Raja and daughter of (Late)
Thiagarajan, aged 42 years and residing alongwith
the 1st part at 20, Chidambaram Nagar, Sattur in
Virdhunagar District of the other part, Part-2:
1. Whereas the marriage between the 1st part
and the 2nd part was solemnized on 30.11.2000 at
Sathyabama Kalyana Mandabam in Kovilpatti in
Thoothukudi District and from the marriage they are
blessed with a female child on 14.11.2001 who now
studies III Year B.Arch at Thiagarajar College of
Engineering, Madurai.
2. Whereas unhappy differences have arisen
between the 1st part and the 2nd part and the 1st
part has filed a petition for dissolution of marriage
before the Learned Subordinate Judge, Sivakasi and
it was transferred to Kovilpatti at the instance of the
2nd part in H.M.O.P.No.4 of 2015 on the file of the
Learned Subordinate Judge. The marriage was
dissolved by a decree and judgment dated
https://www.mhc.tn.gov.in/judis/
23.7.2015 and the same was appealed by the 2nd
part herein in HMCMA No.12 of 2015 on the file of
the learned I Additional District Judge, Thoothukudi.
The appeal was dismissed and dissolution of
marriage was confirmed by a decree dated
04.12.2015. As against the dismissal of the appeal
the 2nd part herein preferred a 2nd appeal in
CMSA(MD) No.24 of 2017 on the file of the Hon'ble
Madurai Bench of Madras High Court and the same
is pending.
3. Whereas the 2nd part herein filed a
complaint under Section 12 of the Protection of
Women from Domestic Violence Act against the 1st
part herein and his family members for various
reliefs including maintenance and compensation and
the maintenance and compensation was ordered by
an order dated 28.09.2016 as against the 1st part
and as against other family members, no reliefs
were granted. As against the said order the 1st part
preferred an appeal in C.A.No.56 of 2016 on the file
https://www.mhc.tn.gov.in/judis/
of the learned II Additional Sessions Judge,
Thoothukudi and the appeal was dismissed by an
order dated 12.07.2018. As against the dismissal of
the appeal, revision has been filed by the 1st part
in Crl.R.C(MD) No. 294 of 2019 on the file of the
Hon'ble Madurai Bench of Madras High Court and
the same is pending.
4. WHEREAS both parties hereto, after having
led their life separately for about 10 years in their
respective parent's house both the parties hereto
now have realized the value of life, sanctity of
marriage and the future of the child and both of
them repented themselves. As the result of their
realization, both the parties hereto individually,
voluntarily and without intervention of anybody
decided in consensus for reunion and resumption of
marital life and as such both the parties hereto
resumed together since 04.03.2021 and started a
fresh lease of life in the house of the 1st part at
Sattur in Virudhunagar District.
https://www.mhc.tn.gov.in/judis/
NOW THIS DEED OF MoU WITNESSES and the
parties hereto hereby mutually agree as follows:
1. Both the parties hereto mutually agree and
declare that absolutely there is no difference of
opinion or misunderstanding between them and all
the past unhappy things taken between them were
condoned and forgotten. Both the parties hereto
make it clear that absolutely there is no issues
between them as to anything
2. That this MoU has been executed by both
the parties of their own free will and accord without
any pressure, inducement, force, compulsion or
threat from any quarters and with the full consent
of their respective parents.
3. That the parties agree that the present
MoU supersedes all prior communications, proposals
and understandings between the parties whether
oral or written/electronic records.
4. That both parties agree to take necessary
steps and actions to implement this in letter and
https://www.mhc.tn.gov.in/judis/
spirit and thereby to cancel/set aside the order of
dissolution of the marriage which is pending in
CMSA No.24 of 2017 on the file of the Hon'ble
Madurai Bench of Madras High Court and also the
reliefs of maintenance and compensation granted
in favour of the 2nd part against the 1st part under
the PWDC Act which is pending in CRl.RC(MD) No.
294 of 2019 on the file of the Hon'ble Madurai
Bench of Madras High Court on getting proper
advise from their respective counsel.
5. That this MoU is prepared in four sets and
a copy is supplied to each party and the remaining
two copies are handed over to their respective
counsel for filing the same in the court."
4. When the matter was taken up today, the parties had
appeared in person alongwith their respective counsel and the parties
were identified by their respective counsel. When the court enquired
the parties, they had stated that without influence of anybody, they
had reunited considering the future of their daughter and they have
also filed a joint memo of settlement in that regard. They had stated
https://www.mhc.tn.gov.in/judis/
that they had resumed the marital life from 4.3.2021 and they agree
to abide by the terms of settlement.
5. The Civil Miscellaneous Second Appeal stands allowed in terms
of the Memorandum of Understanding and the joint memo of
settlement. The Judgment and decree dated 14.12.2015 passed in
H.M.C.M.A.No.12 of 2015 by the I Additional District Court,
Thoothukudi and the order dated 23.7.2015 passed in H.M.O.P.No.4
of 2015 by the Sub Court, Kovilpatti are set aside. No costs. The
connected Miscellaneous Petition is closed.
5.10.2021.
Index: Yes/No.
Internet: Yes/No.
ssk.
Note: In view of the present lock down owing to
COVID 19 pandemic, a web copy of the order
may be utilised 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. I Additional District Court,
Thoothukudi.
2. Sub Court,
Kovilpatti.
https://www.mhc.tn.gov.in/judis/
A.D.JAGADISH CHANDIRA, J.
Ssk.
C.M.S.A.(MD) No.24 of 2017
and
C.M.P.(MD) No.6858 of 2017
5.10.2021.
https://www.mhc.tn.gov.in/judis/
