Madras High Court
Satheeshkumar vs Pavithra on 6 September, 2021
C.M.A.(MD).Nos.513 & 514 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
and
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.A.(MD).Nos.513 & 514 of 2021
Satheeshkumar ... Appellant (in both C.M.As)
-vs-
Pavithra ... Respondent(in both C.M.As)
COMMON PRAYER: Civil Miscellaneous Appeals filed under Section
19 pleased to set aside the Judgement and decree dated 19.08.2020 made
in O.P.Nos.32 and 34 of 2020 on the file of the Family Court, Theni,
respectively.
(In both C.M.As)
For Appellant : Mr.S.Muniyandi
For Respondent : Mr.Lakshmi Gopinath
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD).Nos.513 & 514 of 2021
COMMON J U D G M E N T
[Judgment of the Court was delivered by V.BHARATHIDASAN,J.]
Against the fair and decreetal order of the Family Court, Theni,
dated 19.08.2020 passed in O.P.Nos.32 and 34 of 2020, allowing the
petition filed by the respondent/wife seeking for restitution of conjugal
rights and also dismissing the petition filed by the appellant/husband
seeking for divorce, the present Civil Miscellaneous Appeals have been
filed by the appellant/husband.
2. Now pending appeal, it is stated that the parties have settled the
dispute between themselves and entered into a compromise, which is
reduced to writing and the respondent agreed for divorce and she has
received a sum of Rs.7,00,000/- from the appellant/husband as full and
final settlement for future maintenance.
3.Today, when the matter is taken up for hearing, both the
appellant/husband and the respondent/wife, appeared before this Court
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C.M.A.(MD).Nos.513 & 514 of 2021
through video conference. On enquiry, the respondent/wife submitted
that she has received a sum of Rs.7,00,000/- from the appellant/husband
and she is willing for for divorce.
4. The joint compromise memo filed by the appellant/husband and
the respondent/wife, dated 27.08.2021, is as follows:
“(1) It is submitted that the Petitioner's marriage was
solemnized with the respondent on 09.11.2014 and they
were lived as husband and wife for the past three years.
Thereafter there is some matrimonial dispute arose
between the petitioner with the respondent and the
respondent committed cruelty as against the petitioner.
Therefore the petitioner filed divorce application before
the Sub Court, Theni in H.M.O.P.No.268 of 2017 on the
ground of cruelty u/s. 13(1) (i-a) of Hindu Marriage Act.
Thereafter the case was posted for trial and three
witnesses have been examined before the Sub Court,
Theni.
(2) It is submitted that the respondent herein filed
restitution of conjugal rights u/s.9 of Hindu Marriage Act
before the Family Court, Theni and the same was taken on
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C.M.A.(MD).Nos.513 & 514 of 2021
file in H.M.O.P.No.245 of 2017. The petitioner/respondent
and respondent/petitioner were examined before the
Family Court. The main case was posted for respondent
side evidence. Pending the both cases, the respondent
herein filed maintenance pendent lite case u/s.24 of the
Hindu Marriage Act before the Learned Sub Court, Theni
in I.A.No.165 of 2018 in H.M.O.P.No.268 of 2017. The
Learned Sub Court directed the petitioner to pay
maintenance to the respondent for a sum of Rs.5,000/-
from the date of application and further to pay the future
maintenance pendente lite on 5th day of English calendar
months.
(3) It is submitted that subsequently both the cases was
transferred to Family Court, Theni and the same was
taken on file. The divorce petition was taken on file in
O.P.No.32 of 2020 and the restitution of conjugal rights
petition filed by the respondent is taken on file in O.P.No.
34 of 2020. In the meantime the Learned Family Court
dismissed the O.P.No.34 of 2020 and O.P.No.32 of 2020
on 09.08.2020.
(4) It is submitted that aggrieved upon the same, the
appellant filed appeal challenging the order passed by the
Learned Family Court, Theni and the same was taken on
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C.M.A.(MD).Nos.513 & 514 of 2021
file in C.M.A.(MD).No.513 and 514 of 2021. Now both
the parties are arrived at compromise and the respondent is
agreed for divorce. The appellant herein paid a sum of Rs.
7,00,000/- as full and final settlement to the respondent as
future maintenance as imposed in the maintenance case
filed by the respondent. The appellant hand over the
properties such as household articles, sridhana properties,
jewels to the respondent and the respondent is given
undertaken that she will not initiate any proceedings as
against the petitioner. On such undertaken given by the
both parties and the settlement, the respondent give
consent for divorce to the petitioner.”
5. The joint compromise memo, dated 27.08.2021, filed by the
parties, counter-signed by their counsel, is taken on record.
6. Considering the fact that the matter has been settled between
the parties and the respondent/wife agreed for divorce and received a
sum of Rs.7,00,000/- (Rupees Seven Lakhs Only) as full and final
settlement for future maintenance, both the Civil Miscellaneous Appeals,
are allowed in terms of the joint compromise memo filed by the parties.
The fair and decreetal order dated 19.08.2020 made in
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD).Nos.513 & 514 of 2021
O.P.Nos.32 and 34 of 2020 by the Family Court, Theni, is set aside and
the marriage between the petitioner and the respondent solemnized on
09.11.2014 is dissolved. The said joint compromise memo, dated
27.08.2021 shall form part and parcel of the decree. No costs.
[V.B.D.J.,] [J.N.B.J.,]
06.09.2021
Index : Yes / No
Internet : Yes / No
pm
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 Family Court,
Theni.
2.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD).Nos.513 & 514 of 2021
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD).Nos.513 & 514 of 2021
V.BHARATHIDASAN,J.
and
J.NISHA BANU,J.
pm
C.M.A.(MD).Nos.513 & 514 of 2021
06.09.2021
https://www.mhc.tn.gov.in/judis/
