Madras High Court
Hari Prasad vs Vidhya on 22 June, 2023
C.M.A.No.2029 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU
AND
THE HON'BLE MR. JUSTICE D.BHARATHACHAKRAVARTHY
C.M.A.No.2029 of 2022
Hari Prasad ... Appellant
Vs.
Vidhya ...Respondent
Civil Miscellaneous Appeal filed under Section 19 of the Family
Courts Act, 1984 against the judgment and decree passed by the learned
Family Court, Thiruvannamalai, Thiruvannamalai District in
H.M.O.P.No.406/2020 by order dated 30.06.2022.
For Appellant : Mr.E.Kannadasan
For Respondent : Mr.N.A.Malaisaravanan
JUDGMENT
Both the parties are present. A joint memorandum of compromise
duly signed by both the parties and the counsel is filed. The Civil
Miscellaneous Appeal is disposed of in terms of joint memo of
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C.M.A.No.2029 of 2022
compromise entered into between the parties.
2. The Joint memorandum of compromise filed by the parties dated
22.06.2023 is extracted hereunder:
1. The marriage between the appellant and the
respondent was solemnized on 02.02.2017 as per the
Hindu Religious Rights and Caste Customs at Andal
Singaravel Thirumana Mandapam, Thiruvannamalai.
The appellant is working in the IT field and the
respondent is house wife. The appellant and the
respondent started marital life in a rented house at
Chennai separate house and due to lawful wedlock a
male child Master Adithya was born on 24.11.2017.
Dispute between the appellant and the respondent
leading to file cases against each other.
2. The appellant filed divorce petition before the
Learned Family Court, Vellore, Vellore District in
F.C.O.P.No.199/2019 under Sections 13(1) (i-a) of the
Hindu Marriage Act, 1955 for relief sought for divorce
and the same has been transferred to Learned Family
Court, Thiruvannamalai, Thiruvannamalai District and
the same was taken on file and new number assigned as
F.C.O.P.No.406/2020. The respondent filed her counter
and deposed her evidence before the court and
contested the same.
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C.M.A.No.2029 of 2022
3. The respondent filed D.V.C.No.5/2019 before
the Learned Additional Mahila Court,
Thiruvannamalai, Thiruvannamalai District and the
same has been transferred to the Learned Family
Court, Thiruvannamalai, Thiruvannamalai Disrict as
per the direction of this Hon'ble Court in
Tr.C.M.P.No.687/2019 and the same was taken on file
by the Learned Family Court, Thiruvannamalai,
Thiruvannamalai District in D.V.C.No.1/2020. The
appellant filed his counter and denied the allegations
mentioned by the respondent and sought for dismissal
of the petition.
4. Upon conclusion of Trial in both the cases, the
Learned Family Court, Thiruvannamalai,
Thiruvannamalai District passed separate judgments
and decree dated 30.06.2022.
A) Dismissing the F.C.O.P.No.406/2020 filed by
the appellant sought for divorce.
B. Partly allowing the D.V.C.No.1/2020 filed by
the respondent and directing the appellant to pay a
sum of Rs.10,000-00 to the respondent and another sum
of Rs.10,000-00 to the minor son every month.
5. Aggrieved over the Judgment and Decree
passed by the Learned Family Court, Thiruvannamalai,
Thiruvannamalai District dated 30.06.2022 passed in
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C.M.A.No.2029 of 2022
F.C.O.P.No.406/2020, the appellant filed
C.M.A.No.2029/2022 before this Honourable Court.
Similarly another C.M.A.S.R.No.100615/2022 filed
against the order passed in D.V.C.No.1/2020 are
pending before this Hon'ble Court and the respondent
also entered her appearance through her counsel in
C.M.A.No.2029/2022.
6. During the pendency of the above said cases,
at the instance of friends and well-wishers, the
appellant and the respondent herein have decided to
out an end to the litigation between them so as to avoid
further mental agony, they have amicably settled the
issues amongst them to the manner set out hereunder,
they decided to untie their matrimonial knot and to
lead the rest of their lives as per their wishes.
7. Accordingly, the Appellant and the
respondent, out of their free will, volition and wish
have entered into a compromise on the following terms:
a. The appellant and the respondent agreed to
dissolve their marriage solemnized on 02.02.2017 as
per the Hindu Religious Rights and Caste Customs at
Andal Singaravel Thirumana Mandapam,
Thiruvannamalai, without reference to any of the
allegations made against each other.
b. The respondent has no objection to visit the
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C.M.A.No.2029 of 2022
minor child as and when required by the appellant with
prior intimation to the respondent.
c. The appellant agreed and paid a sum of
Rs.20,00,000-00 (Rupees Twenty Lakhs) towards
permanent alimony to the respondent Rs.10,00,000-00
(Rupees Ten Lakhs only) in favour of the respondent
and anotehr Rs.10,00,000-00 (Rupees Ten Lakhs only)
in favour of the Minor.Adithya by way of Demand
Drafts as mentioned below.
1. D.D.No.049304 dated 14.06.2023 Rs.5,00,000-00
Name S.Vidya
2. D.D.No.049303 dated 14.06.2023 Rs.5,00,000-00
Name H.Adithya Drawn on Indian Overseas Bank,
Vellore Fort Branch
3. D.D.No.455863 dated 14.06.2023 Rs.5,00,000-00
Name S.Vidya
4. D.D.No.455864 dated 14.06.2023 Rs.5,00,000-00
Name H.Adithya drawn on Indian Bank, Velapadi
Branch, Vellore.
d. The respondent will not claim any right, share or
interest in the appellant's properties, assets and etc.,
e. The appellant and the respondent have taken
back all their belongings from each other. The
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C.M.A.No.2029 of 2022
appellant and the respondent forego all their claims
against each other in respect of and pursuant to their
marriage that took place on 02.02.2017 and they
further declare that they have no claims whatsoever
against each other, including maintenance, alimony,
etc., for the past, present and future in any manner.
f. Both the appellant and the respondent agreed
not to indulge in any activities that may disturb or
cause hindrance to each other and they will lnot follow
each other in future in any manner and that they are
free to lead their lives on their own will and wish.
8. The respondent filed Restitution of conjugal
Rights petition before the Learned Family Court,
Thiruvannamalai, Thiruvannamalai District in
F.C.O.P.No.222/2022 and also filed a petition for
collection of arrears of maintenance in
C.M.P.No.21/2023 in D.V.C.No.1/2020 and the
respondent agreed to withdraw the above said two
cases in respective of dates. Further the respondent will
not claim any amount on the basis of the order passed
in DVC.No.1/2020.
9. The appellant and the respondent are filing
this Joint Memorandum of Compromise before this
Honourable Court in the above C.M.A.No.2029/2022
and C.M.A.S.R.No.100615/2022 and pray that the same
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C.M.A.No.2029 of 2022
may be taken on record and that the said
C.M.A.No.2029/2022 and C.M.A.S.R.No.100615/2022
may be disposed in terms of this Joint Memorandum of
Compromise.
3. In the result, the Civil Miscellaneous Petition is disposed of by
dissolving the marriage between the appellant and the respondent held
on 02.02.2017 at Andal Singaravel Thirumana Mandapam,
Thiruvannamalai. The terms of the compromise memo shall form part of
the decree.
4. It is also represented that as per the terms of the compromise,
the custody of the minor child will be with the mother. The parties
undertake that they will abide by the memorandum of compromise.
There shall be o order as to costs.
(J.N.B,J.) (D.B.C, J.)
Index : Yes / No 22.06.2023
Internet : Yes
vsi
To
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C.M.A.No.2029 of 2022
The I Additional Principal Judge,
Family Court, Chennai
J. NISHA BANU, J.
and
D.BHARATHA CHAKRAVARTHY,J.
vsi
C.M.A.No.2029 of 2022
22.06.2023
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