C.Palanisamy, v. K.S.Kalaiselvi,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.10.2016
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN C.M.S.A. No.1 of 2011 C.Palanisamy : Petitioner versus K.S.Kalaiselvi : Respondent PRAYER: Appeal filed against the judgment and decree dated 12.11.2010 in C.M.A.No.15 of 2010 on the file of the Principal District Judge, Erode, reversing the Judgment and Decree dated 26.11.2009 in HMOP No.12 of 2005 on the file of the Principal Subordinate Judge, Gobichettipalayam.
For petitioner : Mr.R.T.Doraisamy For respondent : Mr.N.Manoharan
O R D E R
The learned counsel for the parties filed a joint memorandum of compromise dated 1 October 2016. As per the compromise, respondent has agreed to grant a decree of divorce. The joint memorandum contain the terms and conditions of the settlement. The parties want a decree in terms of the joint memorandum of compromise.
(i) It is agreed and declared by and between the parties that respondent/ wife has given consent for divorce pursuant to the settlement entered into between the parties before the Meha Lok Adalat on 12.03.2016. Accordingly, as per the terms agreed therein, the respondent/wife has no objection for granting divorce by dissolving the marriage held on 20.08.2000.
(ii) The parties have, now, agreed to amicably resolve their dispute and differences relating to the matrimonial matters and it is hereby declared and undertaken by the parties in full and final https://hcservices.ecourts.gov.in/hcservices/
settlement of all their claims and counter claims between them.
It is, therefore, prayed that this Hon'ble Court maybe pleased to record this joint memorandum of settlement and dissolve the marriage held between the appellant and the respondent on 20.08.2000 by allowing the above C.M.S.A.No.1 of 2011 filed against the Judgment and Decree dated 12.11.2010 made in C.M.A.No.15 of 2015 passed by the learned Principal District Judge, Erode, reversal of the Judgment and Decree dated 26.11.2009 made in H.M.O.P.No.12 of 2005 on the file of the learned Principal Sub Judge, Gobichettipalayam and thus render justice.
2. In view of the settlement arrived at among the parties, there shall be a decree in terms of the joint memorandum of compromise. The joint memorandum of compromise dated 1 October 2016 shall form part of the decree.
3. The Civil Miscellaneous Second Appeal is disposed of in terms of the joint memorandum of compromise. No costs. Consequently, M.P.No.1 of 2011 is closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To
1. The Principal District Judge, Erode,
2. The Principal Subordinate Judge, Gobichettipalayam.
+1cc to M/S.R.T.Doraisamy, Advocate sr.57555 +1cc to M/S.N.Manokaran, Advocate Sr.57570 CM.S.A. No.1 of 2011 SM[CO] SRG 20/10/2016 https://hcservices.ecourts.gov.in/hcservices/