Madras High Court
M.R.Venkatesh @ David vs A.Jingline Vasthi Rani on 29 September, 2021
C.M.A. No.438 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2021
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
C.M.A. No.438 of 2018
M.R.Venkatesh @ David ...appellant
Vs.
A.Jingline Vasthi Rani ...respondent
Prayer: Civil Miscellaneous Appeal filed under Section 19 of Family
Court Act to set aside the decree and judgment passed by the Hon'ble IV
Additional Family Court at Chennai in O.P.No.1803/2016, dated 13.12.2017
and dissolve marriage solemnized between the appellant and respondent on
09.04.2015 at B.K.N. Auditorium, Rithodren Road, Vepery, Chennai
600 007 and declare the marriage is void in the eye of law.
For Appellant : Mr.M.B.Anandaraj
For Respondent : Ms.Sangeetha Rajkumar
for Mr.J.R.Edwin
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C.M.A. No.438 of 2018
JUDGMENT
[Judgment of the Court was delivered K.KALYANASUNDARAM, J]
The appeal is heard through video conferencing.
2. The marriage between the appellant and the respondent was
solemnized on 09.04.2015. The appellant sought dissolution of marriage
u/s. 10(i)(x) of Indian Divorce Act. The original petition was dismissed.
Assailing the judgment and decree, the present appeal has been filed.
3. The parties along with their respective counsels appeared before
this Court and stated that the dispute between the parties had been amicably
settled. The respondent would state that there is no objection for granting
divorce to the appellant. They have filed a memo of compromise, dated
29.09.2021 signed by them and their counsels. The terms of the compromise
reads as follows:
“1. The appellant and the respondent most humbly
submit that they were married on 09.04.2015 as per Christian
rites and customs. It was an arranged marriage and out of
wedlock no child were born.
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C.M.A. No.438 of 2018
2. The appellant and the respondent most humbly submit
that due to the differences of opinion between them they
separated from June 2015 and both of them are living in their
respective parent's home.
3. The appellant and the respondent most humbly submit
that due to the differences of opinion the appellant filed a
petition for divorce in O.P.No.1803 of 2016 before the learned
IV Additional Family Court at Chennai u/s. 10(i)(x) of Indian
Divorce Act alleging various allegations on the respondent
and the same was dismissed by order dated 13.12.2017.
4. The appellant and the respondent most humbly submit
that she filed for maintenance before the Hon'ble IV Additional
Family Court in M.C.No.555 of 2017 and the same was
dismissed for non-prosecution on 11.10.2018, against which
no revision has been filed by the respondent.
5. The appellant and the respondent most humbly submit
that the appellant filed an appeal in C.M.A.No.438 of 2018
against the judgment and decree of dismissal of divorce
petition of the learned IV Additional Family Court at Chennai.
6. The appellant and the respondent most humbly submit
that during the course of the appeal in CMA.No.438 of 2018
the appellant and the respondent sorted out their differences
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C.M.A. No.438 of 2018
amicably and arrived at a compromise whereby the appellant
husband agreed to withdraw all his allegation and accusation
made on the respondent in O.P.No.1803 of 2016.
7. the appellant and the respondent most humbly submit
that the respondent is willing to withdraw all the allegation
made against the appellant in the counter filed in O.P.No.1803
of 2016 and undertakes not to set aside the dismissal order in
M.C.No.555 of 2017 filed before VI Additional Family Court
at Chennai.
8. The appellant and the respondent humbly submit they
will not make any claim against the property or money of each
other in the future.
9. The appellant and the respondent most humbly submit
that they have exchanged all their belongings at the time of
final hearing of this appeal and each of them do not have any
claim whatsoever regarding the articles.
10. Article List:- 1.T.V(LG) 32 inch-1, 2. Mixy-1,
3.Fridge-1, 4.Washing Machine-1, 5.Cooker-2, 6.Gas Stove-1,
7.Dressing Table-1, 8.Bero-1, 9.Cot-1, 10.Silver Thavalai-1,
11.Pithalai Thavalai-1, 12.Pithalai Kudam-1, 13.Silver
Kudam-1, 14.Big Size Tumbler-2, 15.Jug-1, 16.Silver Annda-
1, 17.Pithalai Annda-1, 18.Pithalai Thavalai-1, 19.Pithalai
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C.M.A. No.438 of 2018
Annda Moodi-1, 20.Silver Annda Moodi-1, 21.Thattu-2,
22.Kinnam-2, 23.Kuzhambu Decha-1, 24.Sappattu Taksh-1,
25.Vadi thattu-1, 26.Mul Carandy-1, 27.Jalli Carandy-1,
28.Anna Carandy-1, 29.Table Spoon-1, 30.Grin Las-1,
31.Periya Thooku-1 & 32.Silver Thavalai.
11. The appellant and the respondent have mutually
agreed for the above terms and conditions and they have not
been influenced or coerced by anyone.
Therefore, it is most humbly prayed that this Hon'ble
Court may be pleased to grant divorce in O.P.No.1803 of 2016
on the file of the IV Additional Family Court at Chennai and
pass any such other or further orders deemed fit and proper in
the circumstances of this case and thus render justice.”
4. Considering the above, the appeal is disposed of in terms of the
memo of compromise, dated 29.09.2021 and the marriage solemnized
between the appellant and the respondent on 09.04.2015 is dissolved. The
memo of compromise shall form part of the decree.
[M.K.K.S, J] [V.S.G., J]
29.09.2021
Index : Yes / No
Speaking order: Yes/No
pvs
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C.M.A. No.438 of 2018
To
1. The IV Additional Family Court,
Chennai.
2. The Section Officer,
V.R.Section, High Court, Madras.
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C.M.A. No.438 of 2018
K.KALYANASUNDARAM, J.
and
V.SIVAGNANAM, J.
pvs
C.M.A. No.438 of 2018
29.09.2021
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