Madras High Court
Rohit Bothra vs Chethana Baid Mutha on 22 October, 2024
Author: J.Nisha Banu
Bench: J.Nisha Banu
C.M.A.No.980 and 981 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2024
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS. JUSTICE R.KALAIMATHI
C.M.A.Nos.980 and 981 of 2024
Rohit Bothra ... Appellant
in both C.M.As.
Vs.
Chethana Baid Mutha ... Respondent
in both C.M.As.
Common Prayer: These Civil Miscellaneous Appeals are filed under Section
19 of Family Courts Act r/w u/s 28(4) of the Hindu Marriage Act to set aside
the common order of the learned III Additional Principal Family Court at
Chennai dated 14.06.2023 made in O.P.No.4716 of 2013.
For Appellant : Mr.M.Vimal Bobby Crimson
in both C.M.As.
For Respondent : Mr.S.P.Aarthi
in both C.M.As.
COMMON JUDGMENT
https://www.mhc.tn.gov.in/judis
C.M.A.No.980 and 981 of 2024
(Judgment of the Court was delivered by J. Nisha Banu, J )
These Civil Miscellaneous Appeals have been filed by the
appellant/husband against the fair and decreetal order dated 14.06.2023
dismissing the O.P.No.4716 of 2013 seeking to dissolve the Marriage and
allowed the Restitution of Conjugal rights filed by the respondent wife in
O.P.No.4737/2013.
2. Today, when the matters were taken up for hearing, learned counsel
for the appellant and the respondent would state that pending these appeals,
the appellant and the respondent settled the issue among themselves and
decided to live separately. Learned counsel for the appellant and the learned
counsel for the respondent filed a Joint Memo dated 11.09.2024 duly signed
by the parties and their respective counsel. Learned counsel appearing on either
side would state that the Civil Miscellaneous Appeals may be disposed of in
terms of joint memorandum of compromise.
3. The Joint Memorandum of Compromise, dated 11.09.2024 is
extracted hereunder:
''Joint compromise affidavit filed by the appellant/
https://www.mhc.tn.gov.in/judis
C.M.A.No.980 and 981 of 2024
husband and respondent / wife:
We (1) ROHIT BOTHRA, son of Sri.Navarathan Chand
Bothra, Hindu aged 35 years residing at No.52 New No.62,
Krishnappa Tank Street, Kondithope, Chennai79 (Aadhar
No.5271 2572 7234) (PAN No.AVBPB8824F) and (2)
CHETHANA BOTHRA, wife of Rohit Bothra, Hindu aged about
31 years residing at No.5, Bhuvaneswari nagar (Vijay Nagar)
Velachery, Chennai 42, (Aadhar No.5753 6840 8442) (PAN
No.AWKPC3729J) do hereby solemnly affirms and sincerely
state is as follows:-
1. We sate that the appellant herein is a husband and the
respondent is a wife and both are well acquainted with the facts
and the circumstance of the case and further for sake of
convenience appellant is referred as Husband and Respondent
as wife.
2. We humbly state the marriage between husband and
wife was solemnized on 07.12.2012 as per Hindu rites and
customs at ''Raghavendra Kalyana Mandapam'' Triplicane,
Chennai.
3. We humbly state that the appellant / husband filed
petition for Divorce and the respondent/wife filed
O.P.No.4737/2013 seeking Restitution of Conjugal Rights, both
cases has been tried before the Hon'ble 3rd Additional Principal
Family Court, at Chennai.
4. We humbly state that both O.P.No.4716 of 2013 and
https://www.mhc.tn.gov.in/judis
C.M.A.No.980 and 981 of 2024
O.P.No.4737 of 2013 as jointly tried and the learned III
Additional Principal Family Court, at Chennai, pleased to pass
common order dated 14.06.2023, dismissing the O.P.No.4716
of 2013 seeking to dissolve the Marriage and allowed the
Restitution of Conjugal rights filed by the respondent wife in
O.P.No.4737/2013.
5. We humbly state before this Hon'ble Court that
subsequent to preferring appeal filed before this Hon'ble Court
both Appellant / husband and respondent/wife decided to live
apart and also to let live each other peacefully in their mutual
interests;
6. We humbly state that both have entered into a
memorandum of understanding, annexed in the typedset of
papers
7. We humbly state we have amicably settled the issue
between ourselves and to that effect now filed this present joint
compromise affidavit before this Hon'ble Court to record the
same and to pass necessary orders to meet the ends of justice.
8. We humbly declare and confirm that the present joint
compromise affidavit under these presents not amount to any
collusion on our part, and we do hereby further declare and
confirm that we sincerely depose and file this joint compromise
affidavit with full conscience and consent.
It is therefore prayed before this Hon'ble Court that it
may be pleased to consider and record this joint compromise
https://www.mhc.tn.gov.in/judis
C.M.A.No.980 and 981 of 2024
affidavit filed by both appellant / husband and respondent /
wife and set aside the common judgement dated 14.06.2023
made in O.P.No.4737/2013 and pass necessary orders in
C.M.A.No.981/2024 pending on the file of this Hon'ble Court
and thus render justice.''
4. Thus, in terms of the joint memorandum of compromise
(i) there shall be decree for divorce between the appellant and the respondent;
(ii) the order dated 14.06.2023 passed in O.P.No.4716 of 2013 and
O.P.No.4737/2013, is hereby set aside.
5. The Civil Miscellaneous Appeals are disposed of in terms of the joint
memorandum of compromise dated 11.09.2024 and the same shall form part of
the decree. No costs.
(J.N.B, J.) (R.K.M., J.)
22.10.2024
sk/asi
To
The III Additional Principal Family Court,
Chennai.
https://www.mhc.tn.gov.in/judis
C.M.A.No.980 and 981 of 2024
https://www.mhc.tn.gov.in/judis
C.M.A.No.980 and 981 of 2024
J. NISHA BANU, J.
and
R.KALAIMATHI,J.
sk/asi
C.M.A.Nos.980 and 981 of 2024
22.10.2024
https://www.mhc.tn.gov.in/judis
