Madras High Court
S.Udayakumar vs P.Sumathi on 17 October, 2024
Author: J.Nisha Banu
Bench: J.Nisha Banu
C.M.A.No.1098 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2024
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS. JUSTICE R.KALAIMATHI
C.M.A.No.1098 of 2023
and
C.M.P.No.10544 of 2023
S.Udayakumar
S/o.V.G.Santhanam ..Appellant
Vs.
P.Sumathi,
W/o.S.Udayakumar ..Respondent
Prayer: The Civil Miscellaneous Appeal is filed under Section 19 of the
Family Courts Act, 1984, against the order and decreetal order dated
01.04.2022 passed by the learned Judge, Family Court, at Vellore in
F.C.O.P.No.212 of 2016.
For Appellant : Mr.N.Kishore Kumar
For Respondent : Mr.K.Mohanamurali
https://www.mhc.tn.gov.in/judis
Page 1/8
C.M.A.No.1098 of 2023
JUDGMENT
(Judgment of the Court was delivered by J.Nisha Banu, J )
This Civil Miscellaneous Appeal has been filed by the appellant/
husband against the order and decreetal order dated 01.04.2022 passed
by the learned Judge, Family Court, at Vellore in F.C.O.P.No.212 of
2016, in which, the petition filed by the respondent/wife for restitution of
conjugal rights was allowed.
2. When the matter was taken up for hearing on 20.09.2024,
learned counsel for the appellant stated that the appellant had agreed to
settle a sum of Rs.25,00,000/- as permanent alimony in favour of the
respondent/wife and their son, for which, the respondent/wife, who was
present before this Court, also agreed. Therefore, this Court suggested the
parties to file a joint compromise memo and posted the matter on
16.10.2024.
3. Today, a joint consent memo dated 17.10.2024 is filed which
is duly signed by the parties and their respective counsel. Learned
counsel appearing on either side would also state that the Civil
Miscellaneous Appeal may be disposed of in terms of joint consent memo
filed by the parties and that the marriage dated 17.06.2005, performed
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between the parties may be dissolved.
4. The joint consent memo filed by the parties dated 17.10.2024 is
extracted hereunder:
CONSENT MEMO FILED BY THE PETITIONER AND
RESPONDENT
The Appellant and Respondent submits as follows,
1. The present Appeal is against the order
and decreetal order dated 01.04.2022 passed by
the learned Judge, Family Court at Vellore in
F.C.O.P.No.212 of 2016 ordering Restitution of
Conjugal Rights. The Appellant and Respondent
also submit that petition for Divorce between
them in F.C.O.P.No.331 of 2019, on the file of the
Vellore Family Court (Originally
H.M.O.P.No.113 of 2015, on the file of the Sub
Court Hosur, subsequently transferred to Vellore
Family Court) is pending for more than 9 years.
2. The Appellant and Respondent are living
separately since 2010.
3. The Appellant and Respondent have a
Minor son named Jayesh Kumar born on
18.07.2008 living with the Respondent/Mother
and is in her sole custody and guardianship.
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4. In order to put an end to continuous
litigations and have a peaceful life the Appellant
and the Respondent have agreed for a decree of
divorce. The Appellant and the Respondent are
submitting to decree to dissolve their marriage by
a decree of divorce on the following terms and
conditions:-
a) The order and decreetal order dated
01.04.2022 passed by the learned Judge,
Family Court at Vellore in F.C.O.P.No.212
of 2016 to be set aside and the same is to
be dismissed as settled.
b) The Appellant and Respondent submit that
the petition for Divorce between them in
F.C.O.P.No.331 of 2019 on the file of the
Vellore Family Court (Originally
H.M.O.P.No.113 of 2015, on the file of the
Sub Court Hosur, subsequently transferred
to Vellore Family Court) shall stand
disposed of as per the Mutual Divorce
prayed in the Memo hereunder.
c) The Appellant and Respondent have a
Minor son named Jayesh Kumar born on
18.07.2008 living with the
Respondent/Mother. The Respondent/
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Mother shall have full custody and
guardianship of said Minor Jayesh Kumar.
d) The Appellant this day pays to the
Respondent a single payment of
Rs.25,00,000/- (Rupees Twenty Five Lakhs
Only) by Demand Draft/Cheque dated
14.10.2024, No.982124, drawn on Canara
Bank, Hosur Branch at Titan Industries
Ltd., to the Respondent before this Hon'ble
Court as permanent alimony and
maintenance to the Respondent.
e) The Respondent also gives up maintenance
as granted in F.C.M.C.No.39 of 2019 on
the file of the Family Court, Vellore in view
of the above permanent alimony and
maintenance to the Respondent.
f) The above said payment by Appellant to the
Respondent is towards permanent alimony
and for the Maintenance of the Respondent
and in full quit of any further claim. There
shall not be any other claim by the
Respondent from the Appellant including
maintenance at any point of time in future.
g) All claims other claims financial or
otherwise, and arising out of the marital
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relationship have been since been fully and
finally settled amicably. The Appellant and
Respondent have taken the return of their
respective articles and neither the
Appellant nor the Respondent have any
further or future claim whatsoever against
the other.
h) It is agreed between the parties that the
tranquility and harmony in the private lives
of the Appellant and the Respondent should
not be disturbed forever by other party
interfering in future.
The Appellant and Respondent therefore pray
that this Hon'ble Court be pleased to dissolve the
marriage between them on 17.06.2005, at Seiva
Vinayagar Temple, Senbakkam, Vellore District
by a decree of divorce and grant such further or
other orders deemed fit and proper in the
circumstances of the case and thus render justice.
4. As per the joint consent memo, a sum of Rs.25,00,000/-, by way
of demand draft dated 14.10.2024 drawn in Canara Bank, Hosur Branch,
drawn in favour of the respondent/wife, has also been handed over to
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respondent/wife. The above joint consent memo filed by the parties is
recorded.
5. In view of the above joint consent memo filed by the appellant
and the respondent, the order and decreetal order dated 01.04.2022
passed by the learned Judge, Family Court at Vellore in FCOP.No.212 of
2016 are hereby set aside and the marriage solemnized between the
appellant and the respondent on 17.06.2005 is dissolved and a decree of
divorce is granted. Accordingly, the Civil Miscellaneous Appeal is
disposed of in terms of the joint consent memo filed by the parties. The
above joint memo dated 17.10.2024 shall form part of the decree. No
costs. Consequently, connected miscellaneous petition is closed.
(J.N.B,J.) (R.K.M., J.)
Index : Yes / No 17.10.2024
Internet : Yes
vsi
To
The Judge,
Family Court,
Vellore
https://www.mhc.tn.gov.in/judis
J. NISHA BANU, J.
and
R.KALAIMATHI, J.
vsi
17.10.2024
https://www.mhc.tn.gov.in/judis
