Madras High Court
P.Pavithra vs R.Anantha Padmanabhan on 9 February, 2023
CMA No.311 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.02.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MR.JUSTICE K.GOVINDARAJAN
THILAKAVADI
CIVIL MISCELLANEOUS APPEAL No.311 of 2023
and CMP No.2532 of 2023
P.Pavithra ... Appellant
-vs-
R.Anantha Padmanabhan ... Respondent
Civil Miscellaneous Appeal filed under Section 19 of Family Court Act,
against the Judgment and decree dated 25.01.2022 made in OP No.2569
of 2020 on the file of the I Additional Family Court, Chennai.
For Appellant : Ms.V.Anuradha
for M/s.T.Surendran
For Respondents : Mr.R.Harishankar
JUDGMENT
[Judgment of the Court delivered by R.SUBRAMANIAN,J.]
The appellant is aggrieved only by the operative portion of the
judgment of the Family Court, wherein the Family Court had declared the
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CMA No.311 of 2023
marriage that took place between the appellant and the respondent on
31.01.2020 as null and void.
2. The original petition before the Family Court was filed under
Section 12(1)(b) read with Section 5(ii) (a & b) of the Hindu Marriage
Act by the husband/respondent herein seeking a declaration that the
marriage as null and void. The said relief was sought for on the pretext
that the respondent/wife is mentally ill.
3. The same was resisted by the wife raising various contentions.
However, during the pendency of the proceedings, a compromise was
arrived at and the Joint Memorandum of Compromise was filed by the
parties. The terms of the said Memorandum of Compromise read as
follows:
1. The Petitioner/Husband and Respondent/wife agreed to
dissolve the Marriage held between them on 31.01.2020
by mutual consent.
2. The Petitioner/Husband and the Respondent/Wife
received each other's respective Articles, including
Gold, Silver and other items given at the time of
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CMA No.311 of 2023
marriage and there is no claim whatsoever between
themselves.
3. The Respondent/Wife agreed to accept Rs.15,00,000/-
(Rupees Fifteen Lakhs only) as full and final settlement,
ie. Permanent Alimony.
4. The Respondent/Wife waive her right of claiming further
maintenance from the Petitioner/Husband in the present
and future.
5. Since, there is no child born out of the wedlock between
the Petitioner/Husband and Respondent/Wife the
question of custody does not arise.
6. Since the Petitioner/Husband and Respondent/Wife has
exchanged the articles hereunder as mentioned in
para(ii) there is no further claim against each other at
present and future.
7. The Petitioner and the Respondent withdraw the
allegations against each other.
8. The Respondent shall withdraw O.P.No.1244 of 2021
before this Hon'ble Court filed against the Petitioner
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praying for restitution of conjugal rights.
CMA No.311 of 2023
9. Hence, it is most humbly prayed by both the Petitioner
and Respondent that this Hon'ble Court may be pleased
to record the Joint Memo of compromise in
F.C.O.P.No.2569 of 2020 and pass such further or other
orders as may be deemed fit and thus render justice.
4. The parties requested the Court to record the compromise and
dispose of the Original Petition on the basis of compromise. The learned
Family Judge recorded the compromise and disposed of the Original
Petition in terms of the compromise. She, however, in the operative
portion of the order stated that the marriage is declared as null and void.
The appellant wife is aggrieved by the said statement alone.
5. We have heard the learned counsel appearing for the parties.
6. The learned counsel appearing for the respondent/husband does
not have any objection for the operative portion of the order of the Family
Court being modified suitably, so that it reads as if the Original Petition is
disposed of in terms of the compromise and the marriage is dissolved. In
fact in Clause (1) of the compromise the parties have agreed for
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CMA No.311 of 2023
dissolution of the marriage.
7. In view of the statement made by the learned counsel appearing
for the respondent, the judgment and decree of the Family Court will
stand modified and the operative portion will read as follows:
“In the result the petition is allowed as per the terms of
the compromise and the marriage solemnised between the
petitioner and the respondent on 31.01.2020 at Shobana
Kalyana Mandapam, West Mambalam, Chennai, will stand
dissolved.”
8. The Joint Memorandum of Compromise will form part of the
decree. The Decree issued by the Family Court will also stand suitably
amended. The Appeal is disposed of with the above observation. There
shall be no order as to costs. Consequently, the connected miscellaneous
petition is closed.
(R.SUBRAMANIAN, J .) (K.GOVINDARAJAN THILAKAVADI, J.)
09.02.2023
jv
Index : No
Internet : Yes
Speaking order
Neutral Citation:No
https://www.mhc.tn.gov.in/judis
CMA No.311 of 2023
To
1. The Judge
I Additional Family Court,
Chennai.
2. The Section Officer,
V.R. Section,
Madras High Court, Chennai 104.
https://www.mhc.tn.gov.in/judis
CMA No.311 of 2023
R.SUBRAMANIAN, J.
and
K.GOVINDARAJAN THILAKAVADI, J.
jv
CIVIL MISCELLANEOUS APPEAL No.311 of 2023
and CMP No.2532 of 2023
09.02.2023
https://www.mhc.tn.gov.in/judis
