Madras High Court
Madhesh vs Sumathi on 14 June, 2022
C.M.S.A. No.25 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2022
C O R A M:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
C.M.S.A. No.25 of 2008
Madhesh ... Appellant
Vs.
Sumathi ... Respondent
PRAYER: Civil Miscellaneous Second Appeal filed under Section 28 of
the Hindu Marriage Act, 1955 r/w Section 100 of C.P.C against the
judgment and decree dated 23.05.2022 of the Additional District
Judge-cum-C.J.M. Erode in C.M.A.No. 55 of 2001 reversing the judgment
and decree dated 09.04.20012 of the Sub-Judge, Erode in H.M.O.P.No.42 of
1996.
For Appellant : Mr.Lakshmanasamy for
M/s.UNS Law Firms
For Respondent : M/s.R.Meenal
Page No:1/5
https://www.mhc.tn.gov.in/judis
C.M.S.A. No.25 of 2008
JUDGMENT
The Civil Miscellaneous Second Appeal is directed as against the
judgment and decree dated 23.05.2022 passed by the Additional District
Judge-cum-C.J.M. Erode in C.M.A.No. 55 of 2001 reversing the judgment
and decree dated 09.04.20012 passed by the Sub-Judge, Erode in
H.M.O.P.No.42 of 1996.
2. By passage of time, the parties have decided to bury their hatchet
and compromise the dispute amicably among themselves. In this regard a
Memorandum of Compromise dated 14.06.2022 has been filed before this
Court which has been signed by the petitioner and the respondent. The said
Memorandum of Compromise is extracted hereunder:
“1. As there is no chance for re-union between the
appellant and the respondent, their marriage dated
21.06.2012 may be dissolved by divorce. The respondent
herein has agreed to receive a permanent alimony and
one time settlement in a sum of Rs.10,00,000 (Rupees ten
lakhs only) by way of Demand Draft drawn in the name
of the respondent.
Page No:2/5
https://www.mhc.tn.gov.in/judis
C.M.S.A. No.25 of 2008
2. The respondent herein undertakes that she will
not claim any maintenance form the appellant for the
present and as well in future.
3. The respondent got back all her belongings from
the appellant herein. She undertakes that she will not
make any claim over the properties belongs to the
appellant herein.
4. As both the parties are in Government service in
permanent jobs, both have agreed not to claim any
retirement, pension, or any other benefits against each
other.
5. The parties agree to bear their respective costs.”
The terms of memorandum of compromise dated 14.06.2022 shall form part
and parcel of this Order.
3.In view of the above development, this Court is of the considered
view that the present Appeal has to be allowed.
4.Accordingly, the Civil Miscellaneous Second Appeal stands
Page No:3/5
https://www.mhc.tn.gov.in/judis
C.M.S.A. No.25 of 2008
allowed and the Judgment and decree passed by the Additional District
Judge – cum – C.J.M., Erode in C.M.A.No.55 of 2001 dated 23.05.2002 is
set aside and the the Judgment and decree passed by the Sub-Judge, Erode
in H.M.O.P.No.42 of 1996 dated 09.04.2001 is hereby confirmed. Thus, the
marriage held between the appellant and the respondent on 03.06.1991 is
dissolved. No costs.
14.06.2022
msv
To
1. The Additional District Judge-cum-C.J.M. Erode
2.The Sub-Judge, Erode.
3.The Section Officer
V.R.Section, High Court of Madras.
Page No:4/5
https://www.mhc.tn.gov.in/judis
C.M.S.A. No.25 of 2008
J.NISHA BANU,J.
Msv/Jer
CMSA.No.25 of 2008
1l4.06.2022
Page No:5/5
https://www.mhc.tn.gov.in/judis
