Madras High Court
Anandha Kumar vs Sathya on 3 August, 2022
C.M.A.(MD)No.1075 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.08.2022
CORAM :
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
C.M.A.(MD)No.1075 of 2018
and
C.M.P(MD)No.11080 of 2018
Anandha Kumar : Appellant
vs.
Sathya :Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of
Motor Vehicle Act 1988, praying to set aside the fair and decreetal
order dated 05.09.2018 passed in H.M.O.P.No.282 of 2017 by the
Family Court, Sivagangai.
For Appellant : Mr.J.Anandhavalli
For Respondent : Mr.C.Arul Vadivel @ Sekar
***
JUDGMENT
(Judgment of the Court was delivered by S.S.SUNDAR,J.)
The Civil Miscellaneous Appeal is directed against the the fair
and decreetal order dated 05.09.2018, passed in H.M.O.P.No.282 of
2017, by the Family Court, Sivagangai.
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C.M.A.(MD)No.1075 of 2018
2. Heard Mr.J.Anandhavalli, learned counsel for the
appellant and Mr.C.Arul Vadivel & Sekar, learned counsel for the
respondent.
3. The appellant is the husband, who filed H.M.O.P.No.282
of 2017 for divorce under Section 13(1)(i-a) of Hindu Marriage Act
on the ground of cruelty. It appears that now the dispute between
the appellant and respondent is settled by mediation and a joint
compromise memo signed by the parties in the presence of their
counsel is filed today.
4. The Joint Memorandum of Compromise dated 27.07.2022
shows the terms of settlement in the following lines:-
“1. The Respondent has agreed that
she has no objection for granting decree of
divorce in respect of the marriage that took
place between the appellant and the
respondent, by this Hon'ble Court.
2. The Appellant had paid a sum of
Rs.5,50,000/- (Five Lakhs fifty thousand) by
way of D.D. drawn in the name of the
respondent, Sathya issued by State Bank of
India, Sivagangai, vide D.D.No.912915 dated
02.07.2022. The said payment by D.D. has
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C.M.A.(MD)No.1075 of 2018
been acknowledged by the respondent.
3. The Respondent acknowledged the
receipt of the said sum of Rs.5,50,000/- (Five
lakhs fifty thousand Rupees only) towards full
and final settlement of all claims of her
against the appellant.
4. The Respondent hereby agree that
she has no other claim in present and future
towards maintenance against the Appellant.
5. The Respondent has agreed that
she has signed an affidavit for quashing of the
F.I.R.No.722 of 2017 pending on the file of the
Sivagangai Town Police Station, before this
Hon'ble Court and a copy of the said affidavit
is enclosed herewith.
6. The Respondent has agreed that
she will withdraw D.V.O.P.No.14 of 2019 on the
file of Judicial Magistrage, Additional Mahila
Court, Sivagangi by filing a memo.
7. The Respondent has agreed that
she will not press the Crl.M.P.308 of 2021 in
M.C.No.52 of 2019 before the Family Court,
Sivagangai.
8. The Respondent hereby agrees that
she is withdrawing the H.M.O.P.No.220 of
2018 on the file of Family Court, Sivagangai
by filing a memo before the concerned court.
9. The Appellant hereby agrees that
his father would withdraw the complaint
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C.M.A.(MD)No.1075 of 2018
preferred by him against the respondent and 2
others before the Sivagangai Town Police
Station. The Affidavit of the father of the
appellant namely Mr.Muthu agreeing to not
press the complaint is also enclosed along
with this compromise memo.
10. It is hereby mutually agreed that
both the parties have no claim against each
other.
11. Both the Parties agreed that they
will not disturb or interfere in the life of the
other party hereafter.
12. The Respondent has agreed that
she has received all the jewels from the
appellant and she has no claim towards the
same.
13. The Respondent has agreed that
she has received all the articles (movables)
from the appellant and she has no claim
towards the same.
14. Both the parties hereby agree that
this Hon'ble Court may be pleased to pass an
order in terms of this Compromise Memo by
granting a decree of divorce.
15. Both the parties hereby agree that
this Compromise Memo form part in the above
C.M.A.”
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C.M.A.(MD)No.1075 of 2018
5. The parties are present before this Court and they are
identified by their counsel on record. As per the compromise memo
learned counsel on either side requested this Court to dispose of the
Civil Miscellaneous Appeal in terms of the compromise memo dated
27.07.2022.
6. Accordingly, as per the Memorandum of Joint
Compromise Memo dated 27.07.2022, this Civil Miscellaneous
Appeal is allowed and the fair and decreetal order dated 05.09.2018
passed in H.M.O.P.No.282 of 2017 on the file of the Family Court,
Sivagangai is set aside and H.M.O.P. No.282 of 2017 stands allowed.
The Joint Compromise Memo shall form part of this judgment. No
costs. Consequently, connected Miscellaneous Petition is closed.
[S.S.S.R., J.] [S.S.Y., J.]
03.08.2022
Index : Yes/No
sj
To
The Judge,
Family Court,
Sivagangai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.1075 of 2018
S.S.SUNDAR, J.
and
S.SRIMATHY, J.
sj
C.M.A.(MD)No.1075 of 2018
03.08.2022
https://www.mhc.tn.gov.in/judis
