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Madras High CourtCMA/802/2024disposed of in memo of compromise

N.Koushik Hariharan v. S.Jeeva @ Suji

2025-07-07Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice M.Jothiraman5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-07-2025

CORAM

THE HONOURABLE MRS JUSTICE J. NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN CMA No. 802 of 2024 and 803 of 2024 and CMP No.7435 of 2024

1. N.Koushik Hariharan S/o. Dr.B.Nagarajan, Flat No. S-1, Sangallakiya Kudil, Parangusapuram st, Kodambakkam, Chennai 24.

Appellant in both appeals Vs

1. S.Jeeva @ Suji D/o. V.Srinivasan 1/203, Vinayagarkoil Street, Madampatti, Coimbatore 641010 Respondent in both appeals PRAYER Civil Miscellaneous Appeal filed under Section 19 of Family Court Act r/w Section 13(1)(IA) of Hindu Marriage Act to set aside the order passed by the Principal Judge, Family Court, Coimbatore in H.M.O.P.No. 1168 of 2015 and 545 of 2015 dated 28.12.2023 and dismiss the said HMOPs. For Appellant(s):

Ms. V.Mythili N.Senthil G.K.Gaarkey CHANDHAR For Respondent(s):

Mr.R.Sivakumar

ORDER

(Order of the Court was made by J.Nisha Banu J.) Both the writ appeals have been filed to set aside the order passed by the Family Court in HMOP Nos.1168 of 2015 and 545 of 2015 dated 28.12.2023.

2. The appellant herein is the husband of the respondent and due to difference of opinion between them, the appellant filed HMOP No.1168 of 2015 seeking divorce and the respondent filed HMOP No.545 of 2016 for restitution of conjugal rights before the Family Court, Coimbatore. Both the petitions were taken up together and joint trial was conducted and thereafter, the divorce petition filed by the appellant was dismissed, whereas, the petition filed by the respondent was ordered, by awarding maintenance of Rs.15,000/- per month to the respondent (wife) and Rs.5,000/- to the minor son, besides Rs.75,000/- per annum for educational expenses. Aggrieved by the above said orders, the appellant has filed the present appeals.

3. Pending appeal, this court passed an order dated 27.03.2025, directing the appellant to pay the arrears of maintenance amount of Rs.9,00,000/- in three installments, within two months gap each. Further, the appellant was directed to pay the first installment amount on or before 30.04.2025.

4. Today, a common joint memo of compromise, dated 07.07.2025 is filed by the appellant and the respondent before this Court stating that there is no

possibility of re-union and hence, they decided to part peacefully by entering into a compromise on terms, as mentioned there on.

5. In the compromise memo, it was agreed by the parties that the appellant (husband) shall pay an amount of Rs.1,00,00,000/- (one crore only) as full and final settlement in full quit of all his responsibilities and liabilities towards the respondent (wife) and the minor son Ram Pranav. Further, two demand drafts for a sum of Rs.50,00,000/- and Rs.47,00,000/- drawn in favour of the respondent dated 02.07.2025 were given to the respondent. Apart from that, the payment of Rs.3,00,000/-made by the appellant on 22.04.2025 by RTGS from Indian Bank, Rangarajapuram branch to the bank account of the respondent was also agreed by the respondent. In all, the respondent acknowledged the receipt of the total amount of Rs.

1,00,00,000/- (one crore) on behalf of herself and her minor son Ram Pranav and undertakes not to make any further claim whatsoever by way of maintenance or otherwise from the appellant either for herself or for minor son. Further, the parties agreed to allow both the civil miscellaneous appeals and to set aside the orders passed by the Family Court in HMOP No.1168 of 2015 and HMOP No.545 of 2016.

6. The above said joint compromise memo dated 07.07.2025 is recorded.

7. In view of the above joint compromise memo filed by the appellant and the respondent, the judgment and decree dated 28.12.2023 passed in HMOP

No.1168 of 2015 and 545 of 2016 passed by the Family Court, Coimbatore is set aside and the marriage solemnized between the appellant and the respondent 13.11.2013 is dissolved and a decree of divorce is granted on the ground of mutual consent. Accordingly, the CMA Nos.802 and 803 of 2024 are disposed of in terms of the joint compromise entered into between the parties. The said joint compromise memo dated 07.07.2025 shall form part and parcel of the decree. There shall be no order as to costs. Connected miscellaneous petition is closed.

(J.NISHA BANU J.) (M.JOTHIRAMAN J.) 07.07.2025 MST To S.Jeeva @ Suji D/o. V.Srinivasan 1/203, Vinayagarkoil Street, Madampatti, Coimbatore 641010

J.NISHA BANU, J.

AND M.JOTHIRAMAN, J.

MST CMA Nos.802 and 803 of 2024 07.07.2025