Madras High Court
Sivasankar vs Jenibarani on 13 August, 2024
Author: P.Velmurugan
Bench: P.Velmurugan
C.M.A(MD)Nos.757 and 758 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
AND
THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN
C.M.A(MD)Nos.757 and 758 of 2021
and
C.M.P(MD)No.6904 of 2021
C.M.A(MD) No.757 of 2021:
Sivasankar ... Appellant/Respondent
.Vs.
Jenibarani ... Respondent/Petitioner
PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the Family
Courts Act, 1984, to call for the records pertaining to the fair and decreetal order
passed by the learned Family Judge, Madurai in HMOP No.657 of 2016 dated
14.09.2020 and to set aside the same.
For Appellant : Mr.Niranjan S.Kumar
For Respondent : Mr.K.Baalasundaram
for Mr.R.Manoharan
1/5
https://www.mhc.tn.gov.in/judis
C.M.A(MD)Nos.757 and 758 of 2021
C.M.A(MD) No.758 of 2021:
Sivasankar ... Appellant/Petitioner
.Vs.
Jenibarani ... Respondent/Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the Family
Courts Act, 1984, to call for the records pertaining to the fair and decreetal order
passed by the learned Family Judge, Madurai in HMOP No.789 of 2018 dated
14.09.2020 and to set aside the same.
For Appellant : Mr.Niranjan S.Kumar
For Respondent : Mr.K.Baalasundaram
for Mr.R.Manoharan
COMMON JUDGMENT
(Judgment of the Court was delivered by P.VELMURUGAN,J.)
Since both the appeals are arising out same order, they are heard together
and common order is passed.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)Nos.757 and 758 of 2021
2. The respondent/wife has filed HMOP No.657 of 2016 before the Family
Court, Madurai seeking restitution of conjugal rights. The petitioner/husband has
filed HMOP No.789 of 2018 seeking divorce.
3. Pending proceedings, both the parties have entered into a joint
compromise and filed a joint compromise memo dated 13.08.2024 along with
mutual compromise deed dated 13.08.2024 before this Court. Both the parties
along with their son appeared before this Court today and they accepted that they
entered into a joint compromise.
4. In view of the joint compromise memo filed between the parties, the
HMOP No.789 of 2018 filed by the husband is decreed and HMOP No.657 of
2018 filed by wife is dismissed and both the appeals are allowed and the joint
compromise memo filed shall form part of the decree. No costs. Consequently,
connected miscellaneous petition is closed.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)Nos.757 and 758 of 2021
5. As per mutual compromise deed, the petitioner/husband has paid a sum
of Rs.1,00,00,000/- (Rupees One Crore only) through Demand Draft bearing No.
000931 dated 12.08.2024 drawn from HDFC Bank, Madurai, to the
respondent/wife and she also accepted the same. They also agreed that the
balance amount will be paid within the stipulated time.
6. List the matter under the caption 'for reporting compliance” after
payment or on17.03.2025.
(P.V.,J.) (K.K.R.K.,J.)
13.08.2024
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
aav
To
The Family Court, Madurai
https://www.mhc.tn.gov.in/judis
C.M.A(MD)Nos.757 and 758 of 2021
P.VELMURUGAN,J.
and
K.K.RAMAKRISHNAN,J.
aav
C.M.A(MD)Nos.757 and 758 of 2021
13.08.2024
https://www.mhc.tn.gov.in/judis
