Madras High Court
Thenmalar vs J.Harihara Sutha Narayanasamy (Died) on 28 April, 2025
Author: G.Jayachandran
Bench: G.Jayachandran
C.M.A.(MD)No.77 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 28.04.2025
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
and
THE HON'BLE MS.JUSTICE R.POORNIMA
C.M.A.(MD)No.77 of 2019
and
C.M.P.(MD)No.774 of 2019
Thenmalar ... Appellant
Vs
J.Harihara Sutha Narayanasamy (Died)
2.Santhi ... Respondents
(The second respondent was brought on record as legal representative of
the deceased sole respondent vide order, dated 24.10.2024 made in
C.M.P.(MD)Nos.12599 to 12601 of 2024)
Prayer: This Civil Miscellaneous Appeal is filed under Section 19 of the
Family Court Act, to call for the records pertaining to the judgment and
decree in H.M.O.P.No.104 of 2014, dated 23.03.2018 passed by the
learned Family Judge, Dindigul and to set aside the same.
For Appellant :Mr.V.Thirumal
R1 :Died
For R2 :Mr.O.R.Gokul Abimanyu
for M/s.Arul Vadivel Associates
1/7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/05/2025 11:27:16 am )
C.M.A.(MD)No.77 of 2019
JUDGMENT
DR.G.JAYACHANDRAN, J.
and
R.POORNIMA, J.
The Civil Miscellaneous Appeal has been filed against the
judgment and decree in H.M.O.P.No.104 of 2014, dated 23.03.2018
passed by the learned Family Judge, Dindigul.
2.The appellant married one J.Harihara Sutha Narayanasamy on
11.09.2011. Within one year of the marriage, J.Harihara Sutha
Narayanasamy had filed a petition to declare the said marriage as null
and void before the Family Court at Dindigul. The said petition was
taken on file as H.M.O.P.No.104 of 2014. The appellant has filed a
petition for restitution of conjugal rights before the Family Court at
Dindigul, which was numbered as H.M.O.P.No.268 of 2014.
3.The Family Court at Dindigul, after trial, dismissed the petition
filed by the appellant for restitution of conjugal rights and allowed the
petition filed for declaring the marriage as null and void through a
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/05/2025 11:27:16 am )
common judgment dated 23.03.2018. Being aggrieved, the appellant has
filed C.M.A.(MD)No.77 of 2019 against the decree of nullity. She had
also filed C.M.A(MD)No.78 of 2019 against the dismissal of her petition
for restitution of conjugal rights.
4.Pending appeal, unfortunately, J.Harihara Sutha Narayanasamy
died on 14.05.2021. Therefore, C.M.A(MD)No.78 of 2019 was
dismissed as abated.
5.Pending appeal, the mother of J.Harihara Sutha Narayanasamy
was impleaded as respondent in the above appeal.
6.Thereafter, the appellant had entered into a compromise with her
mother-in-law with the help of the Mediation and Conciliation Centre
attached to this Court and a settlement agreement had been drawn on
15.04.2025 in which, the appellant and the second respondent have
agreed and signed in the presence of their respective Counsels. The
terms of the agreement read as under:
“1.It is agreed by the 2nd Respondent Santhi W/o.
Jothiswaraswamy that she shall pay a sum of Rs.25 Lakhs as
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/05/2025 11:27:16 am )
permanent alimony to the Appellant namely Thenmalar and it will be
paid in the form of demand draft in the name of Appellant by way of
two installments. It is further agreed to pay 1st installment in the 1st
week of June, 2025 for a sum of Rs.12,50,000/- and 2nd installment for
a sum of Rs.12,50,000/- in the 1st week of July, 2025. The demand draft
to be given to the Appellant at High Court, Madurai Bench in the
presence of both side Counsels and to receive acknowledgment to that
effect from the Appellant. The Appellant agrees that she will not make
any further claim towards maintenance in future.
2.It is further agreed that the 2nd Respondent shall return the
Gold Jewels 319 grams belonging to the Appellant to her which was
pledged by the 1st Respondent / Husband (died) before the Bank and
same to be redeemed from the Bank in presence of the Appellant or her
authorized agent and hand over the same to the Appellant or her
authorized person in the Canara Bank, Palani Branch itself after
receiving the written acknowledgment from the Appellant or her
authorized agent and same shall be done within a period of 3 months
from the date of order of the Hon'ble High Court in C.M.A(MD) No.77
of 2019. The 2nd Respondent to intimate the date of redemption of the
Jewels to the Appellant or her Counsel well in advance and enable
them to be present before the Bank on that day.
3.It is agreed that apart from 319 gram of Gold Jewels, the 2nd
Respondent agreed to give another 2 Sovereigns of Gold Jewels to the
Appellant immediately at the time of receiving utensils and house hold
articles. After that there is no future claim regarding any articles of
jewels between both the parties.
4.It is agreed that the household articles, Silver articles and
other Utensils brought by the Appellant to the matrimonial home will
be handed over to the Appellant or her authorized person by the 2nd
Respondent immediately and to intimate the date and time to return the
goods well in advance to the Appellant or her Counsel to enable them
to receive the articles at the matrimonial home. The Appellant or her
authorized person shall be given written acknowledgment to the 2nd
Respondent for the goods taken back by her which was belonged to
her. After receiving the goods, there will be no other articles to be
exchanged between them and there will be no future claim regarding
any articles or goods.
5.It is agreed that the Appellant shall withdraw the pending
cases filed by her i.e. 1) Crl.R.No.26 of 2024 and 2) Crl.R.No.27 of
2024, both cases are pending on the file of the Learned Principal
District and Sessions Judge, Madurai.
6. It is further agreed that the Appellant to give an undertaking
that not to pursue the partition case wherein the Appellant is arrayed
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/05/2025 11:27:16 am )
as Defendant/Respondent No.5 in O.S.No.255 of 2021 pending before
the Additional District and Sessions Court, Palani and not claim any
right in the suit schedule property in future and she agreed to
exonerate from the case and if any share allotted to the Appellant
herein by the Trial Court in the above partition suit, the same to be
given to the 2nd Respondent herein. Further, the 2nd Respondent herein
agreed to withdraw the cases filed against the Appellant if any.
7. It is agreed that the Appellant will not have any legal right
or claim as the wife of the deceased J.Harihara Sudha Narayanasamy
S/o.Jothiswaraswamy in future and there is no claim of articles, jewels
and property between them.”
7.The parties are present in Court today and concurred that they
have entered into a compromise and want to settle the dispute amicably
in terms of the compromise.
8.Being satisfied that the parties have agreed to settle dispute
amicably and their agreement is voluntarily without any influence, the
compromise is recorded. The Civil Miscellaneous Appeal is disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
(G.J., J.) (R.P, J.)
28.04.2025
Index : Yes / No
NCC : Yes / No
cmr
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/05/2025 11:27:16 am )
To
The Judge, Family Court, Dindigul.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/05/2025 11:27:16 am )
DR.G.JAYACHANDRAN, J.
and
R.POORNIMA, J.
cmr
28.04.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/05/2025 11:27:16 am )
