Madras High Court
B.Krishnamoorthy vs D.Kousalya on 1 September, 2021
C.M.A.No.2943 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
C.M.A.No.2943 of 2018
B.Krishnamoorthy .. Appellant
Vs.
D.Kousalya .. Respondents
Civil Miscellaneous Appeal filed under Section 19 of the Family Courts
Act to set aside the Judgment and Decree dated 02.11.2018 passed in
F.C.O.P.No.247 of 2014 on the file of Family Court, Vellore.
For appellant : Mr.B.Thirumalai for
Mr.S.Nagarajan
For respondents : Mr.M.Ravi
1/6
http://www.judis.nic.in
C.M.A.No.2943 of 2018
JUDGMENT
This Civil Miscellaneous Appeal is filed challenging the Judgment and
decree dated 02.11.2018 passed in FCOP No.247 of 2014 by the Family Court,
Vellore, wherein the divorce petition filed by the appellant was dismissed.
2.When the matter is taken up for hearing today, the learned counsel
appearing for the appellant Mr.B.Thirumalai as well as the learned counsel
appearing for the respondent Mr.M.Ravi would submit that the disputes
between the parties have been amicably settled before the Mediation and
Conciliation Centre attached to this Court and they have filed a joint memo of
compromise signed by both the parties and their respective counsels. The joint
compromise memo reads as follows:-
"(i) The first part is agreed to pay a lump-sum of Rs.
13,00,000/- (Rupees Thirteen Lakhs Only) to the second part,
towards lump-sum alimony as full and final payment, one-time
settlement and full quiet for the divorce.
(ii) Out of the aforesaid sum, Rs.5,00,000/- (Rupees Five
http://www.judis.nic.in
C.M.A.No.2943 of 2018
Lakhs) each (aggregate of Rs.10,00,000/-) paid to their daughters
namely, 1) Ms.Sunitha @ Harshs and 2) Ms.Peamaswari by way of
Demand Drafts Drawn on Canara Bank, Maduravoyal Branch,
Chennai, Vide Nos.732015 & 732014 dated 08-04-2021 and the
said sums shall be deposited in a Nationalized Bank under the
guardian of the second part herein until attaining the majority of the
age and thereafter the daughters of the parties herein, shall enjoy
the said deposited amounts absolutely as they like.
(iii) The balance amount Rs.3,00,000/- ( Rupees Three Lakhs
Only) paid to the second part herein by way of Demand Draft
Drawn on Canara Bank, Maduravoyal Branch, Chennai, Vide No.
732013 dated 08-04-2021.
(iv) The second part further agreed and accepted that she will
not claim any monthly maintenance or any other payments from the
first part in any manner whatsoever, except the above referred one
time lump-sum payment.
(v) The second part hereby consented to lift the order of
attachment of 33% from the army salary of the first part forthwith
after receipt of the aforesaid agreed lump-sum permanent alimony.
(vi) The second part also hereby declares that she will not file
any petition for enhancement of the above referred one-time lump-
sum alimony, since it is made clear and agreed between the parties
herein as full and final settlement and full quiet amount.
(vii) The second part hereby acknowledged that she had
http://www.judis.nic.in
C.M.A.No.2943 of 2018
already taken all the Stridhana Article, Gold and Silver article from
the first part and there is no due from the first part.
(viii) The second part shall not have any further
claim/alimony/maintenance from the first part at any future point of
time.
(ix) The second part shall not claim at any time in future any
right over the first part's properties, whether it is movable or
immovable property.
(x) The first party will attend the daughters marriage
ceremony and act as dutiful father.
(xi) The parties herein shall not file any case against each
other at any future point of time.
(xii) That there in no coercion, fraud or undue influence in
execution of this agreement.
(xiii) This Agreement is an affirmation by confirming and
accepting all terms and conditions as mentioned supra on the
parties own volition without any external pressure or coercion."
3.In the light of the above mentioned facts, the marriage solemnized
http://www.judis.nic.in
C.M.A.No.2943 of 2018
between the Appellant and the Respondent on 03.11.2004 is hereby dissolved.
This Civil Miscellaneous Appeal is disposed of in terms of the compromise
memo dated 08.04.2021. The Joint Memo of Compromise shall form part of the
Decree. No costs.
(M.K.K.S.,J) (V.S.G.J.,)
01.09.2021
Index : Yes/No
Internet: Yes/No
skn
Note : Issue Order copy on 08.09.2021
To
1. The Judge, Family Court, Vellore.
3. The Section Officer, V.R. Section, High Court, Madras.
http://www.judis.nic.in
C.M.A.No.2943 of 2018
K.KALYANASUNDARAM., J
and
V.SIVAGNANAM., J
skn
C.M.A.No.2943 of 2018
01.09.2021
http://www.judis.nic.in
