Madras High Court
Maheswaran vs Kala on 23 October, 2024
C.M.S.A.(MD) No.12 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.10.2024
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
C.M.S.A.(MD) No.12 of 2024
Maheswaran ... Appellant / Appellant / Petitioner
Vs.
Kala ... Respondent / Respondent / Respondent
Prayer: Civil Miscellaneous Second Appeal filed under Section 28 of
Hindu Marriage Act and Section 100 of Civil Procedure Code against the
judgment and decree passed in H.M.C.M.A.No.1 of 2023 on the file of the
Additional District Court, Paramakudi, dated 14.03.2024, confirming the
fair and decreetal order passed in H.M.O.P.No.33 of 2020, dated
18.10.2022 on the file of the Sub Court, Paramakudi, by allowing the
Civil Miscellaneous Second Appeal.
For Appellant : Mr.D.Balamurugapandi
For Respondent : Mr.S.Anand Chandrasekar,
for Mr.Saravabhaman Associates
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Page No. 1 of 6
C.M.S.A.(MD) No.12 of 2024
JUDGMENT
The appellant, aggrieved by the dismissal of the divorce petition,
which was confirmed by the lower appellate Court, has preferred the
present Civil Miscellaneous Second Appeal.
2. Pending disposal of the appeal, the parties have entered into
compromise, and they have also filed a joint compromise memo dated
23.10.2024, which, read as follows:
“The appellant as petitioner filed H.M.O.P.No. 33/2020
on the file of the Sub Court, Paramakudi against the
respondent seeking divorce on the ground of cruelty. The
trial court dismissed the petition by its order dated
18.10.2022. Aggrieved, the appellant herein preferred Civil
Miscellaneous Appeal in C.M.A.No. 1/2023 on the file of the
Additional District Court, Paramakudi. The Appellate Court
dismissed the appeal by its judgment and decree dated
14.03.2024. Aggrieved the appellant has filed the Civil
Miscellaneous Second Appeal. With an intention to resolve
the issues between them in an amicable manner, the
appellant and respondent on the basis of mutual consent
have arrived at a compromise. The terms of the said
compromise are as follows:
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Terms of Compromise:
i) Both the appellant and respondent agree for
amicable separation and dissolution of their marriage.
ii) In lieu of past and future maintenance of
respondent, the appellant has paid a sum of Rs.6,00,000/-
(Rupees Six Lakhs only) by way of cash to the respondent,
which the respondent hereby acknowledges. The respondent
agrees that she will not claim any maintenance amount from
appellant in future.
iii) The respondent was residing at the first floor
portion of appellant's parents house. On account of
compromise between appellant and respondent, the
respondent has vacated the residence and handed over the
possession of the same, which the appellant acknowledged,
iv) The respondent has received all her jewellery and
household articles from the appellant. The respondent does
not have any claim against the appellant or his parents
regarding any of her properties.
v) The appellant has no claim against the respondent,
with respect to any of his properties.
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Therefore, it is humbly prayed that this Hon'ble Court
may be pleased to record the Joint Compromise Memo and
close the Civil Miscellaneous Second Appeal No.12 of 2024
and thus render justice.”
3. The parties are present before this Court, and the learned counsel
have identified the respective parties. The Joint Compromise Memo dated
23.10.2024 shall form part of the record, and the marriage is dissolved in
terms of the compromise.
4. This Civil Miscellaneous Second Appeal is disposed of on
the above terms. No costs.
23.10.2024
Index: Yes/ No
NCC: Yes / No
Speaking Order / Non-Speaking Order
TSG
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To:
1. The Additional District Court, Paramakudi.
2. The Sub Court, Paramakudi.
3.The Record Keeper,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
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SUNDER MOHAN, J.
TSG
23.10.2024
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