Madras High Court
Sivaji Ganesan vs Pushpa on 8 April, 2025
Author: G.Jayachandran
Bench: G.Jayachandran
C.M.A.MD) Nos.316 & 317 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.04.2025
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
AND
THE HONOURABLE MS.JUSTICE R.POORNIMA
C.M.A(MD)Nos.316 and 317 of 2025
Sivaji Ganesan ... Appellant/Petitioner
in both C.M.As
-Vs-
Pushpa ...Respondent/Respondent in
both C.M.As
COMMON PRAYER: Civil Miscellaneous Appeals filed under Section 19 of the
Family Courts Act, against the decree and the judgment dated 09.11.2023 passed
in O.P.Nos.145 of 2022 and 3 of 2023 by the Judge, Family Court, Sivagangai.
For Appellant
in both C.M.As : Mr.A.Mohan
For Respondent
in both C.M.As : Mr.G.Aravinthan
Page 1 of 5
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C.M.A.MD) Nos.316 & 317 of 2025
COMMON JUDGMENT
DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA, J.
The appellant Sivaji Ganesan and the respondent Pushpa got married on
01.07.1993 and blessed with two children viz., Arvindasamy and Arunthathi. After
the marriage of the daughter Arunthadi, both got separated and took their own
way of life from the year 2018. In the year 2022, the appellant Sivaji Ganesan has
thought fit to dissolve the marriage and filed a petition in O.P.No.145 of 2022
before the Family Court, Sivagangai, on the ground of cruelty and desertion.
2.To counterblast his claim, the respondent Pushpa has filed a petition for
restitution of conjugal rights to defend the allegation found in the divorce petition
no inclination to join her husband at any time.
3.The Family Court, on considering the facts of the case and the evidence
that the petition filed by the husband deserved to be dismissed and allowed the
petition filed by the wife for restitution of conjugal rights. A common order, in the
two O.Ps, was passed on 9th November 2023. Aggrieved by the said common
order, the said Sivaji Ganesan has preferred the appeal against the dismissal of his
divorce petition and the decree passed in the restitution of conjugal rights filed by
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C.M.A.MD) Nos.316 & 317 of 2025
the wife. Those two appeals have numbered as C.M.A(MD)Nos.316 and 317 of
2025 and condoning the delay of 181 days in preferring the appeal.
4.When the matter taken up for hearing today, both the parties are present
and filed a Memorandum of Compromise containing that the continuous
separation since 2018 has reached a point of more to return and they have realised
that their marriage cannot be saved. Hence, to arrive at quietus deccided to
dissolve the marriage by consent and the wife to withdraw her maintenance claim
pending in a form of Crl.R.C(md)No.737 of 2023.
5.The memorandum of compromise indicates that the parties have decided
to dissolve the marriage by mutual consent. The appellant had settled 50 cents of
land in S.No.307/1A, Kurunthaniveriyendhal Village, Kalaiyarkovil Taluk,
Sivagangai District, in favour of the respondent Pushpa as settlement deed duly
registered to that effect on 06.03.202 vide Document No.1299/25 also produced to
this Court for verification. The respondent Pushpa has agreed to withdraw the
petition in M.C.No.46 of 2018 and consequential Crl.R.C.No.787 of 2023.
6.In the light of the above fact, taking note of the submission made by the
parties that they have decided to break the marriage withouut making any
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C.M.A.MD) Nos.316 & 317 of 2025
allegation with each other and whatever allegation made each other to withdraw
the same, the C.M.A(MD)Nos.316 and 317 of 2022 are allowed in the terms of the
compromise. The Memorandum of Compromise dated 28.03.2025 duly signed by
the parties as well as the respective parties shall form part of the decree. No costs.
[G.J., J.] & [R.P., J.]
08.04.2025
NCC : Yes / No
Index : Yes / No
Ns
To
1.The Judge, Family Court,
Sivagangai.
Copy to:
2.The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
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C.M.A.MD) Nos.316 & 317 of 2025
DR.G.JAYACHANDRAN, J.
AND
R.POORNIMA, J.
Ns
C.M.A(MD)Nos.316 and 317 of 2025
08.04.2025
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