Madras High Court
T.S.Kabilan vs Swarnalatha on 20 April, 2023
C.M.S.A(MD)Nos.29 & 30 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.04.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.M.S.A(MD)Nos.29 & 30 of 2014
and
M.P(MD)No.1 of 2014
C.M.S.A(MD)No.29 of 2014:
T.S.Kabilan ... Appellant/Respondent/
Respondent
Vs.
Swarnalatha ... Respondent/ Appellant/
Petitioner
Prayer: Civil Miscellaneous Second Appeal is filed under Section 28 of
Hindu Marriage Act and Order 43 Rule 1 r/w Section 100 of Code of
Civil Procedure, to set aside the judgment and decree dated 08.03.2014
passed in H.M.C.M.A.No.42 of 2008 on the file of the I Additional
District Court and Sessions Court, Tirunelveli reversing the fair and
decreetal order, dated 10.07.2008 passed in H.M.O.P.No.53 of 2000 on
the file of the Principal Sub-Court, Tenkasi.
C.M.S.A(MD)No.30 of 2014:
T.S.Kabilan ... Appellant/Respondent/
Petitioner
Vs.
Swarnalatha
https://www.mhc.tn.gov.in/judis
... Respondent/ Appellant/
Respondent
1/6
C.M.S.A(MD)Nos.29 & 30 of 2014
Prayer: Civil Miscellaneous Second Appeal is filed under Section 28 of
Hindu Marriage Act and Order 43 Rule 1 r/w Section 100 of Code of
Civil Procedure, to set aside the judgment and decree dated 08.03.2014
passed in H.M.C.M.A.No.43 of 2008 on the file of the I Additional
District Court and Sessions Court, Tirunelveli reversing the fair and
decreetal order, dated 10.07.2008 passed in H.M.O.P.No.94 of 2000 on
the file of the Principal Sub-Court, Tenkasi.
For Appellant : Mr.D.Nallathambi
(In both cases)
For Respondent : Mr.S.Ramasamy
(In both cases)
COMMON JUDGEMENT
The husband has filed H.M.O.P.No.94 of 2000 on the file of
Principal Sub Court, Tenkasi seeking divorce. The wife had filed
H.M.O.P.No.53 of 2000 before the same Court seeking restitution of
conjugal rights. Both the matters were heard together and a common
order was passed granting divorce in favour of the husband and
dismissing the restitution petition filed by the wife. Challenging the
same, the wife had filed H.M.C.M.A.Nos.42 and 43 of 2008 before
Additional District and Sessions Court, Tirunelveli. The learned District
Judge was pleased to allow both the appeals filed by the wife, thereby
https://www.mhc.tn.gov.in/judis
dismissing the divorce petition and allowing the restitution petition.
2/6
C.M.S.A(MD)Nos.29 & 30 of 2014
Challenging the said orders, the husband has filed the present civil
miscellaneous second appeals.
2. Pending appeal, at the intervention of the elders, the parties
have arrived at a settlement and they have filed a Joint Compromise
Memo. As per the said Joint Compromise Memo, the wife has agreed to
allow both the appeals, thereby granting divorce and to dismiss the
restitution petition. The wife had received a sum of Rs.15,00,000/-
(Rupees Fifteen Lakh only) as permanent alimony and another sum of
Rs.5,00,000/- (Rupees Five Lakh only) has been paid to the daughter,
named Nandhini. In the said Compromise Memo, the wife and the
daughter have agreed to withdraw D.V.C.No.1 of 2018 pending before
Judicial Magistrate Court, Tenkasi. The husband, wife and the daughter
have appeared in person and this Court has verified from them about the
compromise and they have agreed that they have entered into a
compromise as per the terms of compromise.
3. In view of the above said Joint Compromise Memo, this Court
passes the following order:
(i) C.M.S.A.Nos.29 and 30 of 2014 stand allowed.
(ii) The marriage between the appellant and the respondent which
https://www.mhc.tn.gov.in/judis
took place on 08.06.1990 stands dissolved.
3/6
C.M.S.A(MD)Nos.29 & 30 of 2014
(iii) The respondent and her daughter Nandhini will not have any
further claim as against their husband/father.
(iv) The respondent and her daughter Nandhini have agreed to
withdraw D.V.C.No.1 of 2018 pending on the file of Judicial Magistrate
Court, Tenkasi.
(v) The Joint Compromise Memo has been signed by the husband,
wife and the daughter and also by their respective counsels. The said
Compromise Memo shall form part of the decree.
4. Both the Civil Miscellaneous Second Appeals are disposed of in
terms of the Joint Compromise Memo. No costs.
20.04.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gbg
https://www.mhc.tn.gov.in/judis
4/6
C.M.S.A(MD)Nos.29 & 30 of 2014
To
1.The I Additional District Court and
Sessions Court,
Tirunelveli.
2.The Principal Sub-Court,
Tenkasi.
3.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
5/6
C.M.S.A(MD)Nos.29 & 30 of 2014
R.VIJAYAKUMAR ,J.
gbg
Judgment made in
C.M.S.A(MD)Nos.29 & 30 of 2014
20.04.2023
https://www.mhc.tn.gov.in/judis
