R.Venkateswaran vs M.Latha
2022 Latest Caselaw 7856 Mad

                                                                          C.M.A(MD).No.38 of 2019

                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 13.04.2022

                                                        CORAM:

                             THE HONOURABLE MR. JUSTICE RMT.TEEKA RAMAN

                                                   C.M.A.No.38 of 2019

                  R.Venkateswaran
                  S/o.B.Ramasamy                                    ... Appellant

                                                           Vs.
                  M.Latha,
                  W/o.R.Venkateswaran                               ... Respondent


                  PRAYER: Civil Miscellaneous Appeal filed under Section 28 of HM Act,
                  to call for the records and set aside the judgment and decree dated
                  30.04.2019 passed in C.M.A.No.20 of 2017 by the Principal District Judge,
                  Tiruchirapalli in confirming the judgment and decree dated 06.01.2017
                  passed in H.M.O.P.No.670 of 2010 by the Principal Subordinate Judge,
                  Thiruchirapalli.


                                  For Appellant      : Mr.V.R.Venkatesan
                                  For Respondent     : Mr.R.G.Shankar Ganesh


                                                      JUDGMENT

This Civil Miscellaneous Appeal is arising out of common point

rendered in H.M.O.P.No.670 of 2010 and H.M.O.P.No.130 of 2010.

https://www.mhc.tn.gov.in/judis C.M.A(MD).No.38 of 2019

2.The appellant and the respondent are husband and wife.

3. H.M.O.P.No.130 of 2010 was filed by the respondent/wife for

Restitution of Conjugal Rights before the Sub Court, Tiruchirapalli and the

same was allowed. H.M.O.P.No.670 of 2017 was filed by the husband for

divorce and the same was dismissed by way of common order dated

26.04.2017.

4. Aggrieved against the dismissal order in H.M.O.P(MD).No.

670 of 2017, the appellant/husband has filed C.M.A(MD).No.20 of 2017

and the same was also dismissed. Challenging the said dismissal judgment,

the present Civil Miscellaneous Petition has been filed.

5. Both the parties and their respective counsel are present before

this Court. The parties have one daughter aged about 16 years, who is now

in the custody of the mother/respondent. Pending this Civil Miscellaneous

Appeal, both the parties entered into a compromise and filed a compromise

memo before this Court.

https://www.mhc.tn.gov.in/judis C.M.A(MD).No.38 of 2019

6. The joint compromise memo, dated 10.03.2022, filed by the

parties, counter-signed by their counsel, is taken on record. The

compromise memo has been explained to the parties and they agreed the

terms of compromise.

7. As per the compromise memo, dated 10.03.2022, the

appellant/husband taken a demand draft No.278056 dated 30.03.2022 for a

sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) in favour of

respondent/wife and another Demand Draft No.278055 dated 30.03.2022

for sum of Rs.9,00,000/- (Rupees Nine Lakhs only) in favour of his

daughter, namely, L.V.Mridhula Shree and also the appellant undertakes to

make a fixed deposit for a sum of Rs.6,00,000/- (Rupees Six Lakhs only),

will be made within a period four of weeks from today (i.e 13.01.2022), on

such fixed deposit being made in his daughter's name till she attains the age

of 21 for the purpose of her study and the same was accepted by his wife.

8. Considering the facts and the circumstances of this case, the

marriage solemnized between the parties on 06.06.2004 shall stand

dissolved and the custody of the child shall be with the mother till she

attains majority. With regard to the visiting rights, liberty is granted to the

https://www.mhc.tn.gov.in/judis C.M.A(MD).No.38 of 2019

appellant to file a petition for visiting rights before the trial Court, if he is

so advised.

9. The appellant is directed to make a fixed deposit at Indian

Bank, High Court Branch, Madurai, within a period of four weeks from

today i.e 13.04.2022 till the minor attains the age of 21 years. The mother

of the minor daughter will be a nominee.

10. The Branch Manager, Indian Bank, High Court Branch,

Madurai, shall permit the appellant to make a fixed deposit in their bank.

11. Considering the circumstance that the matter is settled

between the parties, as per the terms of compromise, this Civil

Miscellaneous Appeal is disposed of with the above said directions. The

memo of compromise, dated 10.03.2022 shall form part and parcel of the

decree. No costs.

13.04.2022

Index : Yes/No Speaking/non-speaking order tta

https://www.mhc.tn.gov.in/judis C.M.A(MD).No.38 of 2019

To

1.Principal Subordinate Judge, Thiruchirapalli.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

Note

Issue order copy on 19.04.2022

Copy to

The Branch Manager, Indian Bank, High Court Branch, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A(MD).No.38 of 2019

RMT.TEEKA RAMAN, J.

tta

C.M.A.No.38 of 2019

13.04.2022

https://www.mhc.tn.gov.in/judis