Madras High Court
P.Prathapson vs Mary Vimala on 1 February, 2022
CMA.Nos.1682 and 1688/2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
CMA.Nos.1682 and 1688/2021
P.Prathapson ... Appellant in both C.M.As.
-vs-
Mary Vimala ... Respondent in both C.M.As.
Civil Miscellaneous Appeals filed under Section 55 of the Indian
Divorce Act, 1869 read with Section 19 of the Family Courts Act
against the Common fair and decreetal order dated 14.02.2020 made
in F.C.I.D.O.P.Nos.85/2018 and 104/2017 by the learned Judge,
Family Court, Chengalpattu.
In both C.M.As.
For Appellant : Mr.R.Nandha Kumar
For Respondent : Mrs.Jayalakshmi
for Mr.M.Rajasekar
https://www.mhc.tn.gov.in/judis
CMA.Nos.1682 and 1688/2021
COMMON JUDGMENT
(Judgment of the Court was pronounced by T.RAJA, J.)
Both these Civil Miscellaneous Appeals have been directed
against the Common fair and decreetal order dated 14.02.2020 made
in F.C.I.D.O.P.Nos.85/2018 and 104/2017 by the learned Judge,
Family Court, Chengalpattu.
2. These matters were listed to-day under the caption, ''for
reporting settlement''.
3. When these matters were called, learned Counsel on either
side by filing a Joint Memorandum of Compromise dated 29.01.2022,
requested us to dispose of these appeals in terms of the said Joint
Memo of Compromise and both the parties were also appeared
through virtual mode.
4. In this regard, it is pertinent to extract the Joint
Memorandum of Compromise here under:
''JOINT MEMORANDUM OF COMPROMISE
1. It is respectfully submitted that the Appellant
herein have filed F.C.I.D.O.P.No.104/2017 on the file of the
Family Court, Chengalpattu against the respondent, praying
https://www.mhc.tn.gov.in/judis
CMA.Nos.1682 and 1688/2021
for a Decree of Divorce by dissolving the marriage
solemnized on 21.04.2010. On the otherhand, the
respondent has filed F.C.I.D.O.P.No.85/2018 on the file of
the Family Court, Chengalpattu against the appellant for
restitution of conjugal rights. By Common Order and
Decreetal Order dt.14.02.2020 the Family Court has
dismissed the F.C.I.D.O.P.No.104/2017 filed by the
Appellant for divorce and allowed the
F.C.I.D.O.P.No.85/2018 filed by the respondent for
restitution of conjugal rights.
2. It is respectfully submitted that the Appellant
herein have preferred the above two appeals before this
Hon'ble Court in C.M.A.No.1688/2021 and
C.M.A.No.1682/2021 against the Common Order and
Decreetal Order dt.14.02.2020 made in
F.C.I.D.O.P.No.104/2017 and F.C.I.D.O.P.No.85/2018
respectively on the file of the Court of the Family Judge,
Chengalpattu.
3. It is respectfully submitted that the Appellant
and the Respondent were living separately from the year
2011. Pending above Appeals, at the instance of elders
and well wishers, the appellant and the respondent have
agreed to settle their disputes and differences amicably
between themselves without recourse to litigation and for
that purpose they are willing to abandon their claims and
have decided to dissolve the marriage solemnized between
them on 21.04.2010 by a Decree of Divorce by mutual
consent before this Hon'ble Court with the terms
incorporated in this Memo of Compromise.
https://www.mhc.tn.gov.in/judis
CMA.Nos.1682 and 1688/2021
4. It is respectfully submitted that the Appellant
herein has agreed to pay a sum of Rs.3,75,000/- (Three
Lakhs Seventy Five Thousand Only) to the respondent by
way of Demand Draft No.236289 dt.29.01.2022 drawn on
Indian Bank, Maraimalainagar Branch towards permanent
alimony. The appellant herein has also agreed to pay a
sum of Rs.5,00,000/- (Five Lakhs Only) to his minor
daughter P.Hannah Jouta by way of Demand Draft
No.236290 dt.29.01.2022 drawn on Indian Bank,
Maraimalarnagar Branch towards her future maintenance.
On receipt of the above said amounts as full and final
settlement, the respondent agreed for the decree of divorce
through the Court of law as her marriage is irretrievably
broken.
5. It is respectfully submitted that in respect of
amount in DD to minor daughter, the respondent
undertakes that she will deposit the said amount in ''Fixed
Deposit'' in the name of Minor daughter in any Nationalised
Bank for a period of 3 years and would receive the interest
accrued therein time to time.
6. It is respectfully submitted that the Appellant
and Respondent jointly undertake that they will not further
precipitate the issue by way of further litigations. Similarly,
the Appellant also declare and state that he has no claim or
whatsoever against the Respondent and her daughter. She
further agreed that she will not claim any right over the
property of the Appellant herein for herself or for her minor
daughter. They also mutually declare and state that they
will not interfere in one's life of another at any point of time
https://www.mhc.tn.gov.in/judis
CMA.Nos.1682 and 1688/2021
in future.
7. It is respectfully submitted that the respondent
and her minor daughter also has no claim of jewels or any
other articles from the Appellant. As such both the
Appellant and the Respondent shall have no claim against
each other in respect of articles and any movable and
immovable properties between them. In view of the
receipt of the above permanent alimony for her and
daughter, the Respondent hereby also agrees to
withdraw/not press the Maintenance Petition filed by her
and on behalf of daughter in M.C.No.23/2021 on the file of
the Court of the Family Judge, Chengalpattu.
8. It is respectfully submitted that the Respondent
will not make any claim or maintenance for herself or for
her daughter in future from the Appellant and agrees for
Divorce on mutual consent on the foregoing terms.
In view of the above submissions, it is therefore,
prayed that this Hon'ble Court may be pleased to record
the above Joint Memo of Compromise and set aside the
Common Order and Decreetal Order dt.14.02.2020 made in
F.C.I.D.O.P.No.104/2017 and F.C.I.D.O.P.No.85/2018 on
the file of the Court of the Family Judge, Chengalpattu and
to grant a Decree of Divorce by dissolving the marriage
solemnized between the Appellant and Respondent on
21.04.2010 under the Indian Christian Marriage Act, 1872
and allow CMA.Nos.1682 and 1688/2021 and render
justice.''
https://www.mhc.tn.gov.in/judis
CMA.Nos.1682 and 1688/2021
5. A perusal of the Joint Memo of Compromise would reveal
that it was signed by both the parties along with their counsels and
also accompanied by Xerox Copies of two Demand Drafts both drawn
on the Indian Bank, one in favour of Mary Vimala, the respondent
herein-wife for a sum of Rs.3,75,000/- (Rupees Three Lakhs Seventy
Five Thousand Only) and another Demand Draft for a sum of
Rs.5,00,000/- (Rupees Five Lakhs Only) in favour of Hena Jovitta,
minor daughter of the parties, towards full and final settlement.
6. Therefore, recording the Joint Memo of Compromise dated
29.01.2022, both these Civil Miscellaneous Appeals stand disposed of
by granting mutual divorce to the appellant and the respondent by
dissolving the marriage solemnized between them on 21.04.2010 as
per the provisions of the Indian Christian Marriage Act, 1872 and the
Common fair and decreetal order dated 14.02.2020 made in
F.C.I.D.O.P.Nos.85/2018 and 104/2017 by the learned Judge, Family
Court, Chengalpattu, refusing to grant divorce to the parties and also
granting the relief of restitution of conjugal rights are hereby set aside.
https://www.mhc.tn.gov.in/judis
CMA.Nos.1682 and 1688/2021
It is needless to mention that the Joint Memorandum of Compromise
dated 29.01.2022 shall form part of the decree. No costs.
(T.R.J.,) (D.B.C.J.,)
01.02.2022
tsi
To
The Judge, Family Court, Chengalpattu.
https://www.mhc.tn.gov.in/judis
CMA.Nos.1682 and 1688/2021
T.RAJA, J.
and
D.BHARATHA CHAKRAVARTHY, J.
tsi
CMA.Nos.1682 and 1688/2021
01.02.2022
https://www.mhc.tn.gov.in/judis
CMA.Nos.1682 and 1688/2021
16.12.2021
https://www.mhc.tn.gov.in/judis
