Madras High Court
S.Ambika vs S.Vijayakumar on 21 December, 2022
CMA(MD)No.628 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.12.2022
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HON'BLE MR JUSTICE SUNDER MOHAN
C.M.A(MD) No.628 of 2019
and C.M.P(MD)Nos.7736 of 2019 and 2335 of 2021
S.Ambika ... Appellant/Petitioner
-Vs-
S.Vijayakumar ... Respondent/Respondent
PRAYER: Civil Miscellaneous Appeal is filed under Section 19 of the Family
Courts Act against the order dated 27.06.2019 passed in H.M.O.P.No.45 of 2018
on the file of the Family Court, Nagercoil.
For Appellant : Mr.T.Lajapathi Roy
For Respondent : Mr.S.Suresh Kumar
1/5
https://www.mhc.tn.gov.in/judis
CMA(MD)No.628 of 2019
JUDGMENT
DR.G.JAYACHANDRAN,J.
AND
SUNDER MOHAN,J.
This Civil Miscellaneous Appeal is filed against the order dated 27.06.2019
passed in H.M.O.P.No.45 of 2018 on the file of the Family Court, Nagercoil.
2. The appellant and the respondent are husband and wife. After sustaining
battle between spouse regarding the marriage status as well as the custody of the
son born to them, they have come to a settlement amicably sorting out the dispute
to the effect that the marriage solemnized on 11.11.2012 be dissolved by mutual
consent. With regard to custody of their son, they have mutually agreed that their
minor son shall be with the mother/the appellant herein and visitation right vested
with the respondent in terms of the joint compromise shall continue.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.628 of 2019
3. Today, both the appellant and the respondent along with their respective
counsels are present before this Court. They have filed a joint compromise memo
dated 21.12.2022 duly signed by both parties and their respective counsels. They
have stated that they agreed to settle the issue as per the terms of the joint
compromise memo.
4. We have heard both sides and perused the materials available on record.
5. This Court, after examining the parties and perusing the joint
compromise memo filed by them, is satisfied that they have arrived at
compromise without external influence on their own. Hence, the marriage held
between the appellant and the respondent on 11.11.2012 is dissolved by a decree
of divorce. The terms of compromise memo regarding the visitation right and the
relinquishment of the right of the appellant claiming maintenance amount
including the arrears are hereby recorded. The joint compromise memo shall form
part of the decree.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.628 of 2019
6. In fine, this Civil Miscellaneous Appeal is allowed. Accordingly, the
order dated 27.06.2019 passed in H.M.O.P.No.45 of 2018 on the file of the
Family Court, Nagercoil, is set aside. No costs. Consequently, connected
miscellaneous petitions are closed.
[G.J.,J.] [S.M.,J.]
Index : Yes / No 21.12.2022
Internet : Yes / No
CM
To,
1. The Family Court, Nagercoil.
2. The Section Officer, V.R. Section,
Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis
CMA(MD)No.628 of 2019
DR.G.JAYACHANDRAN,J.
AND
SUNDER MOHAN,J.
CM
C.M.A(MD) No.628 of 2019
and C.M.P(MD)Nos.7736 of 2019 and 2335 of 2021
21.12.2022
https://www.mhc.tn.gov.in/judis
