Madras High Court
S.K. Preethi Sri vs K. Ramachandran on 22 October, 2024
Author: J.Nisha Banu
Bench: J.Nisha Banu
C.M.A.Nos.2364 and 2446 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.2364 and 2446 of 2024
S.K. Preethi Sri
D/o.Anand Shivakumar ..Appellant
in both C.M.As.
Vs.
K. Ramachandran
S/o.G.P.Kumar ..Respondent
in both C.M.As.
Prayer in C.M.A.No.2364 of 2024: The Civil Miscellaneous Appeal is
filed under Section 19 of the Family Courts Act, 1984, to set aside the
judgment and decree by the Principal Family Judge at Chennai in
H.M.O.P.No.3087 of 2021 dated 17.08.2023.
Prayer in C.M.A.No.2446 of 2024: The Civil Miscellaneous Appeal is
filed under Section 19 of the Family Courts Act, 1984, to set aside the
judgment and decree by the Principal Family Judge at Chennai in
H.M.O.P.No.4132 of 2019 dated 17.08.2023.
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Page 1/8
C.M.A.Nos.2364 and 2446 of 2024
For Appellant : Ms.V.Pushpalatha
For Respondent : Mr.Gopinath
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COMMON JUDGMENT
(Judgment of the Court was delivered by J. Nisha Banu, J)
These Civil Miscellaneous Appeals have been filed by the
appellant/husband against the judgment and decree dated 17.08.2023.
made in H.M.O.P.Nos.4132 of 2019 and 3087 of 2021 by the Principal
Family Judge at Chennai, in which, the petition in O.P.No.4132 of 2019
filed by the appellant/husband for restitution of conjugal rights was
allowed and the petition in O.P.No.3087 of 2021 filed by the respondent/
wife for divorce was dismissed.
2. When the mattes are taken up for hearing today, the learned
counsel appearing for the appellant as well as the respondent would state
that pending these appeals, the appellant and the respondent settled the
issue among themselves and decided to live separately. Insofar as the
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C.M.A.Nos.2364 and 2446 of 2024
criminal complaints are concerned, the parties agreed to work out their
remedies, in the manner known to law, before the appropriate Court. To
that effect, both the parties have filed a Joint Memo of Compromise dated
05.10.2024 duly signed by the parties and their respective counsel. The
learned counsel appearing on either side would state that the Civil
Miscellaneous Appeals may be disposed of in terms of Joint Memo of
Compromise.
3. The Joint Memo of Compromise, dated 05.10.2024 reads as
follows:-
JOINT MEMO OF COMPROMISE BY THE PARTIES
The Appellant and the respondent humbly begs to
submit as follows:-
1. It is submitted that the marriage between the parties
was solemnized on 02.11.2024 at "Aishwarya Mahal" at 100
Feet Road, Arumbakkam, Chennai - 600 106 and it was
Registered under Sl.No.357/2017, on the file of the Marriage
Registrar, Kodambakkam, Chennai - 600 026.
2. It is submitted that out of their wed-lock, the parties
gave birth to a male child on 19.02.2017, whom they name
"Vaibhav".
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C.M.A.Nos.2364 and 2446 of 2024
3. It is submitted that due to difference of opinion, the
parties are living separately, since 28.03.2019. The appellant
and the child is living with her parents in Chennai. Whereas,
the respondent is living in New Delhi.
4. It is submitted that the respondent filed
H.M.O.P.No.4132/2019, seeking restitution of Conjugal Rights
and the Appellant filed H.M.O.P.No.3087/2021 seeking divorce
on the grounds of cruelty, both before the Principal Family
Court, Chennai.
5. It is submitted that the respondent is having visitation
rights of the child, as per the order dated 19.02.2021 passed in
I.A.No.2/2020 in H.M.O.P.No.4132/2019 and order dated
10.12.2021 passed in I.A.No.3/2020 in
H.M.O.P.No.4132/2019, both by the Principal Family Court
Judge, Chennai. Further vide order dated 14.10.2022 passed
in I.A.No.2/2022 in H.M.O.P.No.3087/2021, by the Principal
Family Court Judge, Chennai, the respondent is directed to
pay maintenance of Rs.10,000/- every month to the child and to
pay the annual school fees of the child.
6. It is submitted that both the above
H.M.O.P.Nos.4132/2019 and 3087/2021, were tried together
and vide Common Judgment and Decree dated 17.08.2023, the
Principal Family Court Judge, Chennai, allowed the relief of
Restitution of Conjugal Rights sought for by the respondent in
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C.M.A.Nos.2364 and 2446 of 2024
H.M.O.P.No.4132/2019 and dismissed the relief of divorce on
the ground of cruelty, sought for by the appellant in
H.M.O.P.No.3087/2021.
7. It is submitted that against the dismissal of the
petition for divorce on the ground of cruelty, the appellant has
filed C.M.A.No.2364/2024 and C.M.A.No.2446/2024, has been
filed by the appellant against the order allowing Restitution of
Conjugal Rights,both before this Hon'ble Court.
8. It is submitted that during the course of the
proceedings in the above C.M.A.Nos.2364 and 2446 of 2024,
both appellant and the respondent has arrived at a mutual
consensus that they shall mutually depart from this marital
bondage i.e. to have an order of divorce without going into the
allegations made by them against each other, on the following
terms:-
a. The respondent shall continue to maintain the child
by paying the annual school fees of the child and monthly
maintenance of the child.
b. The appellant shall continue the visitation rights of
the respondent to see the child.
c. The parties shall work out their other remedies, in
the manner known to law, before the appropriate Court.
9. It is submitted that on the above mutual consensus
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C.M.A.Nos.2364 and 2446 of 2024
arrived by the parties herein, it is just and necessary to grant
an order of divorce to the parties without confirming the
allegations of cruelty made against each other.
It is therefore prayed that this Hon'ble Court may be
pleased to dissolve the marriage between the parties which was
solemnized on 02.11.2014, at "Aishwarya Mahal" at 100 Feet
Road, Arumbakkam, Chennai - 600 106 and Registered under
Sl.No.357/2017, on the file of the Marriage Registrar,
Kodambakkam, Chennai - 600 026, by granting divorce to the
parties without confirming the allegations of cruelty, made
against each other and thus render justice.
4. The above Joint Memo of Compromise filed by the parties dated
05.10.2024 is taken on record. In view of the above Joint Memo of
Compromise filed by the appellant and the respondent, the judgment and
decree dated 17.08.2023 made in H.M.O.P.Nos.4132 of 2019 and 3087 of
2021 by the Principal Family Court, Chennai, is hereby set aside and the
marriage solemnized between the appellant and the respondent on
02.11.2024 is dissolved and a decree of divorce is granted. Accordingly,
the Civil Miscellaneous Appeals are disposed of in terms of the Joint
Memo of Compromise filed by the parties. The above Joint Memo of
Compromise dated 05.10.2024 shall form part of the decree. No costs.
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C.M.A.Nos.2364 and 2446 of 2024
(J.N.B, J.) (R.K.M., J.)
asi 22.10.2024
To
The Additional Principal Family Court,
Coimbatore.
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C.M.A.Nos.2364 and 2446 of 2024
J. NISHA BANU, J.
and
R.KALAIMATHI, J.
asi
C.M.A.Nos.2364 and 2446 of 2024
22.10.2024
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