Madras High Court
Mrs.Rathinaveni vs Ajaikumar on 17 October, 2023
C.M.A(MD)Nos.102 & 103 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
AND
THE HONOURABLE MR.JUSTICE P.B.BALAJI
C.M.A(MD)Nos.102 & 103 of 2019
and
C.M.P(MD)No.1186 of 2019
Mrs.Rathinaveni ...Appellant
in both appeals
.vs.
Ajaikumar ...Respondent
in both appeals
PRAYER in both appeals: Civil Miscellaneous Appeal filed under
Section 19 of the Family Courts Act, 1984 against the fair and
decreetal order dated 22.02.2018 made in H.M.O.P.Nos.73 & 79 of
2017 passed by the Family Court, Tirunelveli, Tirunelveli District.
For Appellant :Mr.S.Palanivelayutham
For Respondent :Mr.G.Aravinthan
JUDGMENT
*********
[Judgment of the Court was made by RMT.TEEKAA RAMAN.,J.]
The parties are referred to as per the litigative status in
C.M.A(MD)No.102 of 2019.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)Nos.102 & 103 of 2019
2. The marriage between Rathinaveni / appellant and
Ajaikumar / respondent was solemnized on 14.11.2013. The
appellant / wife filed H.M.O.P.No.73 of 2016 before the Family
Court, Tirunelveli for dissolution of marriage on the ground of
cruelty. While, the respondent / husband filed H.M.O.P.No.79 of
2017 before the Family Court, Tirunelveli for restitution of conjugal
rights. After trial, the Family Court Judge, Tirunelveli has come to
the conclusion that the wife has not proved the pleadings regarding
the cruelty and hence, rejected the relief of dissolution of marriage
filed by the wife and allowing the relief of restitution of conjugal
rights filed by the husband. Challenging both orders, the wife has
filed the present Civil Miscellaneous Appeals.
3. When the matter was posted for final hearing on
10.10.2023, this Court directed the parties to present before this
Court today i.e., 17.10.2023. It is brought to the notice of this Court
that pending appeal, the respondent / husband filed another
H.M.O.P.No.609 of 2022 under Section 13(ia) (ii) and 13(i) (ib) of
Hindu Marriage Act, 1955 for dissolution of marriage solemnized on
14.11.2013, which was registered before the Sub-Registrar,
Radhapuram. It is seen from the records that Domestic Violence
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C.M.A(MD)Nos.102 & 103 of 2019
complaint was also filed by the wife against the husband, which is
said to have been pending before the District Munsif-cum- Judicial
Magistrate, Radhapuram in D.V.O.P.No.16 of 2020 and a criminal
case has also been filed by the wife before the learned Judicial
Magistrate, Valliyoor in C.C.No.277 of 2017 for an offence under
Sections 498(A) and Section 4 of Dowry Prohibition Act. Hence, we
find that there is an element of settlement, we referred the matter
to the Mediation and Conciliation Centre attached to this Bench.
4. Mediation is found to be successful. Mediation report is also
received. The terms of Mediation is extracted hereunder:-
“6. The following settlement has been arrived
between the parties hereto:
a. The Respondent is agreed to deposit Rs.
8,00,000/- (Rupees Eight Lakh only) as fixed deposit
on the name of their daughter minor Isai Priya and the
petitioner Rathinaveni as nominee/mother in any one
of the nationalized bank, on or before 01.11.2023.
b. The petitioner Rathinaveni is agreed to
withdraw the criminal case in C.C.No.277/2017 on the
file of Judicial Magistrate, Valliyoor, Tirunelveli and also
agreed to withdraw D.V.O.P.No.16/2020 on the file of
District Munsif-cum-Judicial Magistrate, Radhapuram,
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C.M.A(MD)Nos.102 & 103 of 2019
Tirunelveli and there is no any other further claim in
this regard.
c. The Respondent is agreed and ready to give
the FD deposit of Rs.8 lakhs in the name of the
daughter minor Isai Priya to the petitioner Rathinaveni
at the time of withdrawal the above said cases.
d. Respondent agrees to withdraw the
H.M.O.P.No.609 of 2022 on the file of Family Court,
Nagercoil, Kanyakumari District.
e. Both parties are agreed for granting divorce
for their matrimonial dispute in pending CMAs before
this Hon'ble Court.”
5. Both parties present before this Court and they agreed for
settlement arrived before the Mediation and Conciliation Centre and
the respective parties have signed in the report along with their
counsel.
6. Accordingly, the settlement arrived between the parties,
dated 17.10.2023 before the Mediation is hereby recorded. It is
also states that after withdrawal of C.C.No.277/2017 on the file of
Judicial Magistrate, Valliyoor, Tirunelveli and D.V.O.P.No.16/2020 on
the file of District Munsif-cum-Judicial Magistrate, Radhapuram on or
before 01.11.2023, any interest accrued on the Fixed Deposit shall
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C.M.A(MD)Nos.102 & 103 of 2019
be utilized by the mother / petitioner for the educational purpose of
the children. Accordingly, in the interest of parties concerned, we
hereby convert C.M.A(MD)No.102 of 2019 into mutual and the
decree of divorce for dissolution of marriage solemnized on
14.11.2013 between the parties is hereby granted. The Mediation
report, dated 17.10.2023 shall form part of the decree.
7. In the light of settlement arrived between the parties
before the Mediation on 17.10.2023 the prayer for divorce stands
decreed and the decree of restitution of conjugal rights is set aside.
The Civil Miscellaneous Appeals are disposed of in the light of terms
of settlement. No costs. Consequently, connected miscellaneous
petition is closed.
[T.K.R.,J.] [P.B.B.,J.]
17.10.2023
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
am
https://www.mhc.tn.gov.in/judis
C.M.A(MD)Nos.102 & 103 of 2019
To
The Family Court,
Tirunelveli.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)Nos.102 & 103 of 2019
RMT.TEEKAA RAMAN,J.
AND
P.B.BALAJI,J.
am
JUDGMENT MADE IN
C.M.A(MD)Nos.102 & 103 of 2019
17.10.2023
https://www.mhc.tn.gov.in/judis
