P.S.Udayakumar v. N.Sudha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM C.M.A.NOS.1276 AND 1277 OF 2021 AND C.M.P.NO.6538 OF 2021 P.S.Udayakumar ... Appellant in both appeals Vs.

N.Sudha ... Respondent in both appeals COMMON PRAYER:

Civil Miscellaneous Appeals are filed under Section 19 of the Family Courts Act to set aside order and decree in O.P.Nos.4034 and 3118 of 2017 on the file of the IV Additional Family Court, Chennai dated 02.02.2021.

In both appeals;

For Appellant :

Mr.Avinash Wadhwani for Mr.V.Raghavachari For Respondent : Ms.Srividhya Aravindan COMMON JUDGMENT [Judgment of the Court was delivered by K.KALYANASUNDARAM, J.] O.P.No.4034 of 2017 was filed by wife N.Sudha for restitution of conjugal rights. O.P.No.3118 of 2017 was filed by the husband P.S.Udayakumar against his wife seeking divorce. The IV Additional Family Court at Chennai by common Judgment allowed the O.P.No.4034 of 2017 while dismissing O.P.No.3118 of 2017. Aggrieved over the Judgment and Decree, these appeal have been filed.

2.When the matter is taken up for hearing today, the learned counsel appearing for the appellant Mr.Avinash Wadhwani as well as the learned counsel appearing for the respondent Ms.Srividhya Aravindan would submit that the disputes between the parties have been amicably settled and they have filed a memo of

compromise signed by both the parties and their respective counsels. The parties appeared through video conferencing and they have stated that the matter is settled. The memo of compromise dated 06.09.2021 reads as follows:- "a. Both the parties agreed and consented to amicably and mutually to dissolve the marriage held between the parties on 11/05/2014 at Guru Balaji Kalyana Mandapam, No.3, Sundaram Street, T.Nagar, Chennai - 600 017 as per Hindu Rites and Customs; b. Both the parties withdraw their respective allegations made against each other in all the proceedings in view of filing of this Compromise Memo seeking dissolution of the marriage;

c. Both parties undertake that they will not interfere in each other's life in any manner and they will lead their respective life separately and independently from the date of decree of dissolving their marriage and both of them undertake that they shall not disturb the family members of the other in any manner;

d. The parties have exchanged all material possessions and agree that they do not have any mutual claims against each other in respect of any chattels; e. None of them have any right of maintenance, alimony, etc from the other:

The memo of compromise is arrived voluntarily and no coercion or undue influence has been made upon them in filing this compromise memo."

3.In the light of the above mentioned facts, the marriage solemnized between the Appellant and the Respondent on 11.05.2014 is hereby dissolved. These Civil Miscellaneous Appeals are disposed of in terms of the Memo of Compromise dated 06.09.2021. The Memo of Compromise shall form part of the Decree. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(I) //True Copy// Sub Assistant Registrar skn

To 1.

The IV Additional Judge, Family Court, Chennai.

2.

The Section Officer, V.R.Section, Madras High Court, Chennai.

+2ccs to Mr.V.Raghavachari, Advocate, S.R.No.45099 +2ccs to M/s.M.Aravindan Advocate, S.R.No.44745 C.M.A.Nos.1276 and 1277 of 2021 and C.M.P.No.6538 of 2021 PPA(CO) CS/18/10/2021