L.Bharath Kavin Kumar v. Mary Chandni

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2020

CORAM

THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY C.M.A.Nos. 840 & 841 of 2018 L.Bharath Kavin Kumar ... Appellant in both CMAs Vs.

Mary Chandni ... Respondent in both CMAs PRAYER : Appeals filed under Section 19(1) of the Family Court Act against the fair and decreetal order dated 05.02.2018 passed in O.P.No.2877 of 2013 and O.P.No.831 of 2012 on the file of V Additional Family Court, Chennai.

For Appellant (in both CMAs) : Mr.K.Govi Ganesan For Respondent (in both CMAs) : Mr.A.R.Nixon COMMON JUDGMENT (Delivered by M.M.SUNDRESH,J) These appeals are filed against the order dated 05.02.2018 passed in O.P.No.2877 of 2013 and O.P.No.831 of 2012 by the V Additional Family Court, Chennai.

2.Today, the parties are present before this Court and a joint memorandum of compromise has been filed on behalf of the appellant and the respondent duly signed by the parties and attested by the respective counsel. The joint memorandum of compromise is extracted hereunder:-

"The Appellant and the Respondent submit as follows:-

1. At the intervention of the elders, wellwishers and family members and after mutual deliberations, the Appellant and the Respondent, in order to sort out the differences between them and in their own interest, have agreed upon to enter into a compromise which is reduced into writing in the following terms.

2.It is mutually agreed by the appellant and the respondent herein that out of their free will and consent to move on with their lives and shall not henceforth interfere with each other lives and thereby agreeing upon to mutually get separated by dissolving their marriage, solmenized on 09.07.2008 CIS loving shepherd Church at Anna Nagar, Chennai - 101.

3. It is further agreed by the Appellant and the Respondent that they have settled the claims between themselves and there is no future claim in respect of each other.

4. The Appellant and Respondent had received all their personal belongings and other articles etc., and there is no future claim on part of the same and both of them acknowledges the receipt of the same.

5. The Respondent having fully satisfied with the above said arrangements undertakes not to claim maintenance from the Appellant in future.

6.The Appellant and the Respondent herein will no longer be husband and wife respectively henceforth and they do not have any bonding/relationship between them and they can lead their life peacefully.

7.The above Compromise has been made between them recorded on their own volition, mutual consent and without any coercion, threat or undue influence."

3. Thus, in terms of the joint memorandum of compromise (i) there shall be decree for divorce between the appellant and the respondent; (ii) the allegations made by the parties are accordingly eschewed; (iii) the parties will not make any claims against each other; (iv) the parties acknowledged the receipt of

their personal belongings and (v) the respondent has undertaken not to claim any maintenance from the appellant in future.

4. The Civil Miscellaneous Appeals stand disposed of in terms of the joint memorandum of compromise dated 13.02.2020 and the same shall form part of the decree. No Costs. Sd/- Assistant Registrar(CS III MDU) //True Copy// Sub Assistant Registrar ssm To The V Additional Principal Judge, V Additional Family Court, Chennai.

+2ccs to Mr.K.Govi Ganesan , Advocate SR.No. 1202 & 1201 +1cc to Mr.A.R.Nixon , Advocate SR.No. 11711 C.M.A.Nos. 840 & 841 of 2018 A.SK(24/09/2020)