Madras High Court
Ramprasad vs Padmavathi on 5 January, 2022
C.M.S.A.Nos.15 and 16 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
C.M.S.A.Nos.15 and 16 of 2016
and C.M.P.No.7671 of 2016
Ramprasad .. Appellant in
both CMSAs.
Vs.
Padmavathi .. Respondent in
both CMSAs.
COMMON PRAYER: Civil Miscellaneous Second Appeals filed under
Section 28 of Hindu Marriage Act read with 100 C.P.C., against the
judgment and decree dated 08.06.2015 in C.M.A.Nos.10 and 9 of 2012
on the file of the Additional District Court, Dharmapuri, reversing the
judgment and decree dated 24.09.2012 made in H.M.O.P.Nos.32 of 2010
and 48 of 2012 on the file of the Sub Court, Harur.
In both CMSAs.
For Appellant : Mr.T.Panchatsaram
For Respondent : Mr.Arun Anbumani
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C.M.S.A.Nos.15 and 16 of 2016
COMMON JUDGMENT
(This matter is heard through “Video Conferencing”)
Both the learned counsel appearing for the appellant as well as the
learned counsel appearing for the respondent submitted that the parties
have arrived at a settlement and they have filed joint memo of
compromise signed by both the appellant and respondent and also by
their respective counsel.
2.Both the appellant and the respondent appeared before this Court
on 16.12.2021. Today, the respondent appeared through
Video-conferencing and submitted that she has received a sum of
Rs.5,00,000/- (Rupees Five lakhs only) from the appellant and also the
jeweleries and other articles from the appellant. Clause-5 of the said
memo of compromise is extracted hereunder:
“5.Accordingly, the Appellant and the Respondent, out of
their free will, volition and wish have entered into a
compromise on the following terms:
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C.M.S.A.Nos.15 and 16 of 2016
a. The Appellant and the Respondent agree to dissolve
their marriage solemnized on 24-09-2006 as per Hindu rites
and customs at Sri Valli Deivanai Sametha Subramania Swami
Thirukoil, Vinayagar koil street, Dharmapuri Road, without
reference to any of the allegations made against each other, by
a decree to be passed by the Hon'ble High Court, Madras.
b. The Respondent agrees to receive a sum of
Rs.5,00,000/- (Rupees Five Lakhs only) towards permanent
alimony from the Appellant, which sum is being paid to the
Respondent by the Appellant vide Demand Draft No.497059
dated 21-12-2021 drawn on Indian Bank, Dharmapuri Branch.
The said Demand Draft will be handed over on 03-01-2022
before the Hon'ble High Court, Madras.
c. The Appellant has today (01-01-2022) returned all the
jewellery and valuables of the Respondent and also the
sridhana articles given to the Respondent by her family at the
time of the marriage and which were all available at the
Appellant's house.
d. Both the Appellant and the Respondent forego all their
claims whatsoever against each other in respect of their
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C.M.S.A.Nos.15 and 16 of 2016
marriage that took place on 24-09-2006 and declare that they
have no claims whatsoever against each other for the past,
present or future in any manner.
e. Both the Appellant and the Respondent agree not to
indulge in any activities that may disturb or cause hindrance to
each other and/or follow each other in future in any manner.
The Appellant and the Respondent are free to lead their
respective lives on their own will and wish.”
3.Recording the above submissions and memo of compromise,
these Civil Miscellaneous Second Appeals are disposed of and decree of
divorce is passed as per clause 5(a) of memo of compromise. The joint
memo of compromise shall form part of this judgment. No costs.
Consequently, connected Miscellaneous Petition is closed.
05.01.2022
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C.M.S.A.Nos.15 and 16 of 2016
V.M.VELUMANI,J.
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To
1.The Additional District Judge
Dharmapuri.
2.The Subordinate Judge
Harur.
C.M.S.A.Nos.15 and 16 of 2016
and C.M.P.No.7671 of 2016
05.01.2022
https://www.mhc.tn.gov.in/judis
