Mrs.Uma Maheswari v. Mr.R.Sivakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 27.07.2018 CORUM THE HON'BLE MR.JUSTICE R.SUBBIAH and THE HON'BLE MR.JUSTICE C.SARAVANAN C.M.A.No.3539 of 2017 and C.M.P.No.22752 of 2017 Mrs.S.Uma Maheswari ... Appellant/Respondent Vs.

Mr.R.Sivakumar ... Respondent/Petitioner Civil Miscellaneous Appeal has been filed under Section 19 of the Family Courts Act against the fair and decreetal common order passed by the Principal Family Court at Chennai in O.P.No.2177 of 2010, dated 20.11.2017.

For Appellant : Mrs.M.E.V.Thulasi For Respondent : Mr.N.Subharayalu

JUDGMENT

(Judgment of the Court was delivered by R.SUBBIAH, J.,) The marriage between the appellant/wife and the respondent/husband was solemnized on 24.06.2009 as per Hindu rites and customs at Anna Nagar, Chennai. The said marriage is an arranged marriage. Out of the wedlock, a male child was born on 12.03.2010. Subsequently, due to matrimonial disputes, the respondent/husband has filed a petition in O.P.No.2177 of 2010 under Section 13(1)(i-a) of the Hindu Marriage Act before the Principal Judge, Family Court at Chennai, seeking for dissolution of marriage. Similarly, the appellant/wife had also filed a petition in O.P.No.202 of 2012 for restitution of conjugal rights. She has also filed a petition in M.C.No.57 of 2012 seeking maintenance of Rs.12,000/- per month for herself and her child. The Trial Court, after considering both oral and documentary evidence adduced on either side, by common order dated 20.11.2017, has allowed the petition filed by the husband

in O.P.No.2177 of 2010 and granted dissolution of marriage and consequently, dismissed the petition in O.P.No.202 of 2012 filed by the wife for conjugal rights and directed the husband to pay a sum of Rs.6,000/- per month as maintenance to the wife and the child. Aggrieved over the order passed by the trial Court granting divorce, the present appeal has been filed by the wife. 2.Today, when the matter is taken up for consideration, both the parties appeared in Court along with their respective counsel and they filed a memorandum of compromise dated 24.07.2018, signed by both the parties and their respective counsel. The terms and conditions mentioned in the memorandum of compromise read as follows_ "3.Now the appellant and the respondent have mutually agreed to settle the issues amicably in the following manner:- a)The respondent agreed to pay a sum of Rs.3,00,000/- (Rupees Three lakhs only) as compensation to the appellant within four weeks from the date of filing this compromise memo by way of Demand Draft.

b)The respondent agreed to deposit a sum of Rs.12,000/- per month on or before 7th of every calender month towards the maintenance to the minor son namely S.U.Karthigeyan from the date of filing the appeal and agrees to enhance the said maintenance by Rs.500/- every year, in the bank namely City Union Bank, Perambur Branch in Savings Bank A/c No.500101010879473.

c)The respondent agrees to deposit a sum of Rs.30,000/- (Rupees Thirty Thousand Only) every year on or before 5th of May towards the educational expenses of the their son namely S.U.Karthigeyan in the bank namely City Union Bank, Perambur Branch in Savings Bank A/c No.500101010879473 from the current year onwards. e)The parties have entered into the compromise on their own will and without any threat or coercion.

f)It is agreed by the parties that the arrears of monthly maintenance of Rs.28,000/- shall be paid along with compensation Rs.3,00,000/-."

3.Recording the above said compromise, this appeal is dismissed in terms of the memo of compromise. The judgment and decree dated 20.11.2017 in O.P.No.2177 of 2010 passed by the Principal Judge, Family Court at Chennai, is confirmed. The marriage between the appellant and the respondent solemnized on

24.06.2009 is hereby dissolved and a decree of divorce is granted. The memo of compromise shall form part of this judgment. Consequently, connected Miscellaneous Petition is closed. No costs.

*The xerox copy of memo of Compromise enclosed Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ssv To, The Principal Judge, Family Court, Chennai.

+1cc to Mr.N.Subbarayalu, Advocate Sr.51121 C.M.A.No.3539 of 2017 ca[co] srg 25/09/2018