Citation : 2025 Latest Caselaw 8862 Mad
Judgement Date : 24 November, 2025
C.M.S.A.No.69 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.11.2025
CORAM:
THE HONOURABLE Mrs. JUSTICE R.KALAIMATHI
C.M.S.A.No.69 of 2021
and C.M.P.No.3504 of 2024
K.Vasantharaj ... Appellant
vs.
R.Lavanya ... Respondent
PRAYER: Civil Miscellaneous Second Appeal is filed under Section 28
of Hindu Marriage Act, read with Section 100 of Civil Procedure Code,
1908, to set aside the judgment and decree dated 19.02.2021 passed in
C.M.A.No.6 of 2020 by the learned Principal District Judge, Villupuram,
which confirmed the judgment and decree dated 21.02.2020 passed in
H.M.O.P.No.97 of 2018 on the file of Principal Subordinate Court,
Gingee and grant divorce and allow this Civil Miscellaneous Second
Appeal with costs throughout.
For Appellant : Mr.R.Rajavelavan
For Respondent : Mr.S.Udaya Kumar
JUDGMENT
Heard the learned counsels for the appellant and the respondent.
2.A Joint Compromise Memo dated 24.11.2025 stating that the
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matter has been settled between the parties and the appellant / husband
has paid a sum of Rs.15,00,000/- by way of Demand Draft dated
20.11.2025 bearing No.499324 on Indian Bank, Tindivanam, to the
respondent / wife.
3.It is mutually agreed that the Civil Miscellaneous Appeal may be
disposed of in terms of the joint memorandum of compromise and that
the marriage dated 29.06.2015 performed between the parties may be
dissolved.
4.Appellant, Mr.K.Vasantharaj and the respondent,
Mrs.R.Lavanya, are present before this Court
5.The Joint Memo of Compromise dated 24.11.2025 is taken on
record and the essential details are extracted as follows:
1) The Appellant / Husband pays a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) by way of Demand Draft dated 20.11.2025 bearing Registration No.499324 drawn on Indian Bank, Tindivanam to the Respondent/Wife as full and final maintenance towards her and minor son Tanuj Krishna born of the marriage.
2) In Addition, the Appellant/Husband agrees that the Respondent/Wife shall retain all gold jewels
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weighing 11.5 sovereigns presented to her by the Appellant at the time of marriage, with no future claims or demands in respect thereof.
The Appellant/Husband surrenders all the gold jewels enlisted already, to the Respondent/Wife before the Hon'ble Court on 24.11.2025.
3) In consideration of the above and in view of irretrievable breakdown of marriage, the respondent/wife agrees to give consent for the grant of a decree of divorce by Mutual Consent and agrees to withdraw the Complaint under the Protection of Women from Domestic Violence Act in DVC Case No.10 of 2017 pending before the Judicial Magistrate Court No.1 at Tindivanam and to cooperate for its Dismissal.
4) The Appellant/Husband gives up visitation rights and consents for the Respondent/Wife to have permanent custody of minor son Tanuj Krishna. The parties agree that the custody and maintenance of the minor son as agreed herein are in the best interests of the child and the parties undertake to abide by the Hon'ble Court's approval in this regard.
5) The respondent further agrees that she will not claim any right over the property of the Appellant herein for herself or for her minor son Master Tanuj Krishna, either directly or indirectly. Both parties mutually declare and state that they will not interfere in one's life of another at any point of time.
6) The parties further agrees that this Compromise
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Memo constitutes a full and final settlement, which the parties undertake to implement in letter and spirit, without further claims, disputes or interference in future.”
6.Recording the above stated terms of Joint Compromise Memo,
the judgment and decree dated 19.02.2021 made in C.M.A.No.6 of 2020
on the file of the Principal District Court, Villupuram is hereby set aside
and the marriage solemnized between the appellant and the respondent
at Rajitham Thirumana Mahal, Tindivanam on 29.06.2015 is dissolved
and a decree of divorce is granted on the ground of mutual consent.
Accordingly, this Civil Miscellaneous Second Appeal stands disposed of
in terms of the joint memorandum of compromise dated 24.11.2025 and
the joint compromise memo forms part of the decree. There is no order
as to costs. Consequently,connected miscellaneous petition is closed.
24.11.2025 (1/2) Index : Yes/No Speaking / Non-speaking order mac
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R.KALAIMATHI, J.
mac
To:
1. The Principal District Court, Villupuram.
2. The Principal Subordinate Court, Gingee
24.11.2025 (1/2)
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