Madras High Court
S.Nithya vs V.Ashokumar on 5 January, 2022
CMA.No.369 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
CMA.No.369/2018 and CMP.No.3560/2018
S.Nithya ... Appellant
-vs-
V.Ashokumar ... Respondent
Civil Miscellaneous Appeal filed under Section 19 of the Family
Courts Act against the fair and decreetal order dated 27.06.2016
passed in HMOP.No.1137/2013 by the learned Additional Principal
Judge, Additional Principal Family Court, Coimbatore.
For Appellant : Mr.K.Sudhakar
For Respondent : Mr.N.Anbazhagan
for M/s.Sarvabhauman
Associates
1/6
https://www.mhc.tn.gov.in/judis
CMA.No.369 of 2018
JUDGMENT
(Judgment of the Court was pronounced by T.RAJA, J.)
This Civil Miscellaneous Appeal has been filed against the fair
and decreetal order dated 27.06.2016 passed in HMOP.No.1137/2013
by the learned Additional Principal Judge, Additional Principal Family
Court, Coimbatore, thereby granting decree for divorce, dissolving
the marriage that was solemnized on 02.11.2008 between the
appellant-wife and the respondent-husband stating inter alia that
cogent evidence was let in by the respondent-husband to prove that
he suffered cruelty on the hands of the appellant-wife and there was
pleadings to show that the respondent-husband had suffered mental
or physical cruelty etc.
2. Considering the age of both the appellant-wife and the
respondent-husband, this Court in an effort to patch up them for
reunion directed both of them to appear before us on 30.11.2021 at
2.15 p.m. along with their counsels. Accordingly, they appeared
before us. After some deliberations, we were able to find that the
respondent-husband has been taking treatment in Care and Cure
Foundation, Alcohol Drugs, De-Addiction-cum-Rehabilitation Centre,
Tirupur as he was habituated to regular drinking habit. It was also
brought to our notice by the appellant-wife that the respondent-
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CMA.No.369 of 2018
husband had contracted second marriage and thereafter, she also
met with natural death.
3. At this juncture, when we found that the reunion among
the parties is not possible, the elder brother of the respondent-
husband taking some responsibility came forward to pay permanent
alimony to the appellant-wife in favour of his brother-the respondent-
husband. Accordingly, Mr.Sathyamoorthy, the elder brother of the
respondent stated that by disposing of his family property he would
pay a sum of Rs.7,00,000/- within six months and to show his bona
fide, he promised to pay Rs.3,00,000/- within ten days and that was
also paid. We have also recorded the same in our earlier order dated
30.11.2021.
4. To-day, learned Counsel for the appellant-wife has also
agreed that a sum of Rs.3,00,000/- was paid by the elder brother of
the respondent-husband and the same was received by the appellant.
However, with regard to the payment of the balance amount, since
the elder brother of the respondent has to sell away the family
property, the learned Counsel for the respondent sought for some
more reasonable time.
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CMA.No.369 of 2018
5. Supporting the said contention, learned Counsel for the
appellant agreed to grant reasonable time to the respondent to settle
the balance amount and to that effect a Joint Memo of Compromise
dated Nil.12.2020 has also been filed signed by both the parties and
counsels. The same is extracted here under :
''JOINT MEMO OF COMPROMISE
The appellant and the respondent submit as follows:
1. The respondent/husband filed the above HMOP
seeking for divorce on the ground of cruelty and the same
was allowed by the Hon'ble Family Court, Coimbatore, by
order dated 27.06.2016. Thereafter, respondent/wife filed
the above appeal before this Hon'ble Court. Out of the
above wedlock one male child was born on 28.10.2009
named as Minor Swasthik, (Special child suffered Autism-
diagonised with cerebal palsy with moderate mental
retardation) now aged about 12 years and under the
custody of Appellant/wife.
2. The appellant/wife and respondent/husband
were present before this Hon'ble Court on 30.11.2021.
After some discussion, the appellant/wife agrees to get a
sum of Rs.7,00,000/- (Rupees Seven Lakhs Only) in full
and final settlement from the respondent/husband for
herself and for the child.
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CMA.No.369 of 2018
3. The appellant/wife received a sum of
Rs.3,00,000/- (Rupees Three Lakhs Only) on 7.12.2021
and the respondent/husband agrees to pay the balance
amount within a period of 4 months.
4. By virtue of the compromise entered into
between the parties, the appellant herein agrees to
withdraw the above CMA, thereby affirming the decree of
divorce granted by the Family Court in HMOP.No.1137 of
2013. There are no other claims between the parties.
5. The appellant/wife agrees to give consent for
divorce to the respondent/husband and the appellant will
not claim anything in future from the respondent.
6. The Joint Memo of Compromise may form part
of the decree in the above CMA.
It is therefore prayed that this Hon'ble Court may
be pleased to record the above Joint Memo of
Compromise and decree the above CMA in terms of the
Joint Memo of Compromise and to pass such further or
other orders as this Hon'ble Court may deem fit and
proper in the circumstances of the case and thus render
justice.''
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CMA.No.369 of 2018
T.RAJA, J.
and
D.BHARATHA CHAKRAVARTHY, J.
tsi
6. Recording the above Joint Memo of Compromise, the Civil
Miscellaneous Appeal stands disposed of granting four months time to
the respondent-husband to settle the balance amount of
Rs.4,00,000/- (Rupees Four Lakhs Only) as agreed between the
parties. Needless to mention that the Joint Memo of Compromise
shall form part of the records. No costs. Consequently, connected
Miscellaneous Petitions are closed.
(T.R.J.,) (D.B.C.J.,)
05.01.2022
tsi
To
The Additional Principal Judge,
Additional Principal Family Court,
Coimbatore.
CMA.No.369/2018
https://www.mhc.tn.gov.in/judis
CMA.No.369 of 2018
05.01.2022
16.12.2021
https://www.mhc.tn.gov.in/judis
