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Madras High CourtCMSA/40/2012ordered

P.Subramaniyam v. J.Suganthi

2018-08-24Honourable Mr Justice M. Govindaraj3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.M.S.A.NOS.40 AND 41 OF 2012 AND M.P.NOS.1 AND 1 OF 2012 P.Subramaniyam ...Appellant in both CMSAs'

..Petitioner in H.M.O.P.No.69/2004 ..Respondent in H.M.O.P.No.62/2009 Vs.

J.Suganthi

...Respondent in both CMSAs'

..Respondent in H.M.O.P.No.69/04.

..Petitioner in H.M.O.P.No.62/09.

PRAYER IN CMSA NO.40 OF 2012: Civil Miscellaneous Second Appeal filed under r/w under Section 100 of CPC Section 28 of Hindu Marriage Act against the judgment and decree dated 28.03.2011 in C.M.A.No.7 of 2010 on the file of Additional District Judge / Fast Track Court No.1, Salem, reversing the judgment and decree dated 29.09.2009 in H.M.O.P.No.69 of 2004 on the file of Sub Court, Mettur.

PRAYER IN CMSA NO.41 OF 2012: Civil Miscellaneous Second Appeal filed under r/w under Section 100 of CPC Section 28 of Hindu Marriage Act against the judgment and decree dated 28.03.2011 in C.M.A.No.8 of 2010 on the file of Additional District Judge / Fast Track Court No.1, Salem, reversing the judgment and decree dated 29.09.2009 in H.M.O.P.No.62 of 2009 on the file of Sub Court, Mettur.

For Appellant :

Mr.K.Selvaraj For Respondent :

Mr.P.Ezhil Nilavan COMMON JUDGMENT Both the parties pursuant to a mutual agreement arrived through mediation, have filed a joint memo of compromise dated 14.03.2018, duly signed, with the attestation of their respective counsels. The joint memo of compromise filed by the appellant and the respondent, reads as under: " JOINT MEMO OF COMPROMISE The Appellant and the Respondent hereby agreed to settle their disputes amicably as follows:-

1. The Appellant gives D.D. for Rs.5 lakhs to the respondent and their female child towards permanent alimony. The Respondent received the D.D. No.082679 dated 5.3.2018, Karur Vysya Bank, Jalagandapuram, Salem in favour of Suganthi. J, for Rs.5 lakhs from the appellant.

2.The marriage on 3.3.2002 between the Apopellant and the Respondent is hereby dissolved and the decree of divorce dated 29.9.2009 in H.M.O.P.No.69 of 2004 is hereby confirmed.

3.The Respondent would not claim any monetary benefits and property rights from the appellant in future. From to-day the Respondent and her daughter have no claim whatsoever from the Appellant.

4.The appellant is entitled to see his daughter.

5.The above terms of the Memo of Compromise may be recorded in C.M.A.Nos.40 & 41 of 2012 and a decree may be passed in terms of the above compromise."

2. The learned counsel for the parties would submit that as agreed, payment has already been made and there is no future claim.

3. Recording the joint memo of compromise dated 14.03.2018, both the Civil Miscellaneous Second Appeals are ordered. The joint compromise memo filed by the appellant and the respondent dated 14.03.2018 shall form part of the order. No costs. Consequently, connected miscellaneous petitions are closed. -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar TK To 1.The Additional District Judge / Fast Track Court No.1 Salem.

2.The Subordinate Judge Mettur.

+1 CC to Mr.K. Selvaraj, Advocate sr 57988.

+1 CC to Mr.P. Ezhil Nilavan, Advocate sr 58115. C.M.S.A.NOS.40 AND 41 OF 2012 VD(CO) SP(27/09/2018)