Madras High Court
Gowrimala vs Karuppasamy on 20 January, 2023
C.M.A.(MD)Nos.739 & 740 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.01.2023
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
and
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.(MD)Nos.739 & 740 of 2018
and
C.M.P(MD)No.8328 of 2018 in C.M.A(MD)No.739 of 2018
C.M.A(MD)No.739 of 2018:
Gowrimala .. Appellant/Petitioner
Vs.
Karuppasamy .. Respondent/Respondent
C.M.A(MD)No.740 of 2018:
Gowrimala .. Appellant/Respondent
Vs.
Karuppasamy .. Respondent/Petitioner
______________
Page Nos. 1 of 7
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)Nos.739 & 740 of 2018
COMMON PRAYER: Civil Miscellaneous Appeals filed under
Section 19 of the Family Courts Act, against the judgment and order
dated 09.07.2018 made in H.M.O.P.Nos.95 & 98 of 2017, on the file of
the Family Court, Sivagangai.
In both cases:
For Appellant : Mr.G.Prabhu Rajadurai
For Respondent : Mr.AL.Vijay Devaraj
COMMON JUDGMENT
DR.G.JAYACHANDRAN, J.
and
SUNDER MOHAN, J.
The appellant in both the appeals is the wife of the respondent.
The parties got married on 29.06.2012 at Rajagambeeram. Few years
after, the marriage discard between them surfaced and they both got
separated. The petitioner, who is the wife has preferred H.M.O.P.No.
95/2017 for dissolution of marriage on the ground of cruelty whereas
______________
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)Nos.739 & 740 of 2018
the husband has filed H.M.O.P.No.98/2017 for restitution of conjugal
rights. Both the petitions were taken up for trial by the Family Court,
Sivagangai on 09.07.2018. The petition for restitution of conjugal
rights filed by the husband was allowed whereas the petition for
divorce filed by the wife was dismissed vide common order dated
09.07.2018. Being aggrieved, these two appeals have been preferred by
the wife.
2. It is represented by both side that pending appeal, the parties
have arrived at a compromise and a joint compromise memo was filed
to the effect that the parties have decided to break their marriage
mutually and agreed to withdraw the allegations made against each
other. The compromise memo dated 20.01.2023 duly signed by both
the parties is presented before this Court. The terms of compromise
reads as follows:
(i) The parties agrees that the marriage between Appellant
and the Respondent is irretrievably broken down and
______________
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)Nos.739 & 740 of 2018
hence the Respondent in C.M.A(MD).No.739 of 2018
agrees for the annulment of the marriage which took place
on 29.06.2012 between the appellant and the respondent
by a decree of divorce.
(ii)The respondent in C.M.A(MD)No.740 of 2018 agrees to
withdraw the H.M.O.P.No.98 of 2017 for restitution of
conjugal rights filed by him.
(iii) In view of the above, the Decree dated 09.07.2018 in
H.M.O.P.No.98 of 2017 for restitution of conjugal rights
be set aside.
(iv) The appellant agrees to return the chain with Thali
(Mangalsutra) (42 grams) given by the respondent.
(v) The appellant further agrees to pay to the respondent a
sum of Rs.2,50,000/-(Two lakhs fifty thousand only).
(vi) The appellant and the respondent agrees to withdraw
their mutual allegations.
(vii) The respondent agrees to return the whatever available
______________
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)Nos.739 & 740 of 2018
Sridhana articles bought by the appellant.
(viii) The parties to bear their own costs.”
3. Today, both the appellant and the respondent present before
this Court and they stated that both of them agreed and signed to the
terms of the compromise memo.
4. In the light of the above, these Civil Miscellaneous Appeals
are disposed of as under:
i. The marriage held between Gowrimala/appellant and
Karuppasamy/respondent on 29.06.2012 is dissolved on
mutual consent.
ii. Accordingly, H.M.O.P.No.95/2017 filed by the
wife/appellant for divorce is allowed and H.M.O.P.No.
98/2017 filed by the husband/respondent is dismissed.
iii. The terms of compromise memo shall form part of the
decree.
______________
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)Nos.739 & 740 of 2018
No Costs. Consequently, connected miscellaneous petition is closed.
[G.J., J.] & [S.M., J.]
20.01.2023
Index : Yes / No
Internet : Yes
NCC : Yes / No
PJL
To
The Judge, Family Court,
Sivagangai.
______________
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)Nos.739 & 740 of 2018
DR.G.JAYACHANDRAN, J.
and
SUNDER MOHAN, J.
PJL
Judgment made in
C.M.A.(MD)Nos.739 & 740 of 2018
and
C.M.P(MD)No.8328 of 2018
in C.M.A(MD)No.739 of 2018
20.01.2023
______________
https://www.mhc.tn.gov.in/judis
