Madras High Court
Ranjith Kumar vs Thamaraiselvi on 6 September, 2021
C.M.A.(MD).Nos.360 & 361 of 2020
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).No.360 of 2020
and
C.M.P(MD)No.4693 of 2020
and
C.M.A(MD)No.361 of 2020
Ranjith Kumar ... Appellant/Respondent(in both C.M.As)
-vs-
Thamaraiselvi ...Respondent/Petitioner(in both C.M.As)
COMMON PRAYER: Civil Miscellaneous Appeals filed under Section 19 of the
Family Court Act, against the fair and decreetal order dated 28.08.2019 passed in
H.M.O.P.Nos.126 and 164 of 2018 on the file of the Family Court, Sivangangai,
respectively.
1/6
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD).Nos.360 & 361 of 2020
(In both C.M.As)
For Appellant : Mr.C.Jeyaprakash
For Respondent : Mr.S.Srinivasa Raghavan
COMMON JUDGMENT
[Judgment of the Court was delivered by V.BHARATHIDASAN,J.]
Challenging the fair and decreetal order of the Family Court, Sivagangai
dated 28.08.2019 passed in H.M.O.P.Nos.126 and 164 of 2018, granting divorce
by allowing the petition filed by the respondent/wife and also dismissing the
petition filed by the appellant/husband seeking for restitution of conjugal rights,
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.
Appellant agreed for divorce and he also received a sum of
Rs.5,00,000/- from the respondent/wife.
2/6
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD).Nos.360 & 361 of 2020
3.Today, when the matter is taken up for hearing, both the
appellant/husband and the respondent/wife, are present before this Court.
On enquiry, the appellant/husband submitted that he has received a sum of
Rs.5,00,000/- from the respondent/wife and he is not interested in prosecuting the
appeals and he wants to withdraw the same.
4.The memo of compromise filed by the appellant/husband and the
respondent/wife, dated 23.08.2021, is as follows:
“Memo of Compromise
It is submitted that, in lieu of mediation effected out
of Court, the Parties to the Civil Miscellaneous Appeal have
arrived at a consensus to resolve the dispute between them,
in terms of this Memo of Compromise. The
signatories/PartieS to this Compromise memo affirm that
they fully agree to the terms of compromise and further
affirm to abide by the same.
TERMS
1.Both the parties agreed to dissolve the marriage held on
29.05.2017 between them and accept the decree and
3/6
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD).Nos.360 & 361 of 2020
Judgement of divorce passed by the Hon'ble Family Court,
Sivagangai in H.M.O.P.No.126/2018 dated 28.08.2019 as
final.
2. The appellant agreed to withdraw both the C.M.A.Nos.
360,361/2020 pending before this Hon'ble Court and he
agreed in future is not and anyway preferred any types of
civil, criminal or tort cases against the respondent.
3. The respondent gave Five Lakh rupees by way of
cheque in cheque No.248545 dated 27.08.2021 (State Bank
of India, Sivagangai branch) as one time settlement. The
same has been accepted by the appellate herein.
4. Both parties agreed that in future in any way no
one interfere with other's personal or family life.
5. Both parties agreed they shall not claim any right
over the opposite parties their property, and not eligible to
receive monitory benefits from the Government or other
financial institution as a legal heir or nominee.”
5.The joint compromise memo, dated 23.08.2021, filed by the parties,
4/6
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD).Nos.360 & 361 of 2020
counter-signed by their counsel, is taken on record.
6. Considering the circumstance that the matter is settled between the
parties, as per the terms of compromise, the appellant/husband is agreed for
divorce and received a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) towards
permanent alimony, both the Civil Miscellaneous Appeals are dismissed in terms
of the memo of compromise filed by the parties. The fair and decreetal order
passed in H.M.O.P.Nos.126 and 164 of 2018, dated 28.08.2019, by the Family
Court, Sivagangai, is confirmed. The memo of compromise, dated 23.08.2021
shall form part and parcel of the decree. No costs. Consequently, connected
Miscellaneous Petition is closed.
[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
5/6
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD).Nos.360 & 361 of 2020
that is presented is the correct copy, shall be the
responsibility of the advocate / litigant concerned.
V.BHARATHIDASAN,J.
and
J.NISHA BANU,J.
PM
C.M.A.(MD).No.360 & 361 of 2020
06.09.2021
https://www.mhc.tn.gov.in/judis/
