Madras High Court
S.Srinath vs C.B.Janani on 28 October, 2024
Author: J.Nisha Banu
Bench: J.Nisha Banu
C.M.A.Nos.1759 and 1761 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.10.2024
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS. JUSTICE R.KALAIMATHI
C.M.A.Nos.1759 and 1761 of 2024
and C.M.P.Nos.13882 of 2024
S.Srinath ... Appellant
in both C.M.As.
Vs.
C.B.Janani ... Respondent
in both C.M.As.
Prayer in C.M.A.No.1759 of 2024: The Civil Miscellaneous Appeal is
filed under Section 19 of Family Courts Act r/w Section 25 of Hindu
Marriage Act to set aside the judgment and decree dated 27.02.2024
made in H.M.O.P.No.527 of 2021 passed by the Principal Family Court
Judge, Coimbatore, Coimbatore District.
Prayer in C.M.A.No.1761 of 2024: The Civil Miscellaneous Appeal is
filed under Section 19 of Family Courts Act r/w Section 25 of Hindu
Marriage Act to set aside the judgment and decree dated 27.02.2024
made in H.M.O.P.No.755 of 2021 passed by the Principal Family Court
Judge, Coimbatore, Coimbatore District.
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Page 1/7
C.M.A.Nos.1759 and 1761 of 2024
For Appellant : Mr.M.R.Jothimanian
in both C.M.As.
For Respondent : Mr.L.Rajasekar
in both C.M.As.
-----
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 27.02.2024
made in H.M.O.P.Nos.527 and 755 of 2021 by the Principal Family
Judge, Coimbatore, in which, the petition in H.M.O.P.No.527 of 2021
filed by the respondent/wife seeking for divorce was allowed and the
petition in H.M.O.P.No.755 of 2021 filed by the appellant/husband
seeking for restitution of conjugal rights was dismissed.
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. The learned counsel for the
appellant and the learned counsel for the respondent filed a Settlement
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C.M.A.Nos.1759 and 1761 of 2024
Agreement dated 25.10.2024 duly signed by the parties and their
respective counsel. In view of the Settlement Agreement, the parties have
mutually agreed to withdraw the allegations against each other. Hence,
the learned counsel appearing for both sides submitted that a decree of
divorce may be granted on the ground of mutual consent. The learned
counsel appearing on either side would state that the Civil Miscellaneous
Appeals may be disposed of in terms of the Settlement Agreement.
3. The Settlement Agreement filed by the parties, dated 25.10.2024
is extracted hereunder:
''The appellant and respondent have agreed for the
following terms and conditions:-
1. The appellant and the respondent confirm and
declare that they have voluntarily and of their own free will
arrived at a settlement agreement/compromise in the
presence of the mediatiors and respective counsels.
2. The parties have exchanged their respective
household articles, gold and silver ornaments and there is no
any claim whatsoever in respect of the house hold articles,
gold and silver ornaments against each other.
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C.M.A.Nos.1759 and 1761 of 2024
3. It is agreed between the appellant and the
respondent that the appellant shall pay a sum of
Rs.10,00,000/- (Rupees Ten Lakhs only) vide two Demand
Drafts drawn in favour of the respondent bearing
Nos.297054 and 297055 both dated 21.10.2024 each for a
sum of Rs.5,00,000/- (Rupees Five Lakhs Only) as full and
final settlement of all her/respondent claims in respect of the
matrimonial disputes between them and also as a permanent
alimony for the respondent/wife.
4. The appellant and respondent have agreed that the
custody of the minor son S.J.Vaibav Shri shall be with the
respondent/wife. As far as the visitation rights of minor child
is concerned, it shall be mutually agreed between the
grandparents of the minor child to visit the child.
5. The appellant has agreed to pay the minor son
Vaibav Shri a sum of Rs.5,000/- (Rupees Five Thousand
Only) as monthly maintenance on or before 5 th of every
English Calender month and also pay a sum of Rs.75,000/-
(Rupees Seventy Five Thousand Only) per academic year for
the Education Expenses of the minor son as ordered in
M.C.No.169 of 2021 dated 27.02.2024 till the son attains the
age of majority. Further, the said sum of Rs.75,000/- (Rupees
Seventy Five Thousand Only) shall be paid on or before 30 th
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C.M.A.Nos.1759 and 1761 of 2024
of April every year before the commencement of the
academic year.
6. In view of the settlement, the parties are mutually
agreed to withdraw the allegations against each other. By
signing this agreement the parties hereto state that they have
no further claims or demands against each other with respect
to these matrimonial issues and all the disputes in this regard
have been amicable settled through the process of mediation.
No further/future claim whatsoever is to be claimed either of
parties."
4. The above Settlement Agreement filed by the parties dated
25.10.2024 is taken on record. In view of the above Settlement
Agreement filed by the appellant and the respondent, the common
judgment and decree dated 27.02.2024 made in H.M.O.P.Nos.527 and
755 of 2021 passed by the Principal Family Judge, Coimbatore, are
hereby set aside and the marriage solemnized between the appellant and
the respondent on 24.02.2019 is dissolved and a decree of divorce is
granted on the ground of mutual consent since the parties have mutually
agreed to withdraw the allegations against each other. Accordingly, these
Civil Miscellaneous Appeals are disposed of in terms of the Settlement
Agreement filed by the parties. The above Settlement Agreement dated
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C.M.A.Nos.1759 and 1761 of 2024
25.10.2024 shall form part of the decree. There shall be no order as to
costs.. Consequently, connected miscellaneous petition is closed.
(J.N.B, J.) (R.K.M., J.)
28.10.2024
asi
To
The Principal Family Court Judge,
Coimbatore, Coimbatore District.
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.1759 and 1761 of 2024
J. NISHA BANU, J.
and
R.KALAIMATHI, J.
asi
C.M.A.Nos.1759 and 1761 of 2024
28.10.2024
https://www.mhc.tn.gov.in/judis
