S. Jayakumar v. A. Sonu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.11.2024

CORAM:

THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR AND THE HON'BLE MR.JUSTICE P.B.BALAJI W.A.No.1356 of 2024 and C.M.P.No.9788 of 2024 S.Jayakumar ... Appellant -vs1. A.Sonu ... 1st Respondent/Petitioner

2. The Government of Tamil Nadu, Rep. by its Secretary to the Government, Social Welfare and Women Empowerment Department, Secretariat, Fort St.George, Chennai-600 009.

3. The Additional Registrar (Investigation), O/o.The District Registrar, Integrated Building for Offices of the Fanepet, Nandanam, Chennai-600 005.

4. The Inspector General of Registration, Registrar General of Marriages, No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram.

5. The District Registrar, 1/6

6. The Sub Registrar, ... R2 to 6 /R1 to 5 Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order passed in W.P.No.23495 of 2023 on 15.04.2024 by the learned Judge. For Appellant :

Mr.S.Veeraraghavan For R1 :

Mr.C.Arunkumar For R2 to R6 :

Mr.L.S.M.Hasan Fizal Addl. Govt. Pleader *****

J U D G M E N T

(By D.KRISHNAKUMAR,J.,) This Writ Appeal has been filed, challenging the order of the learned Single Judge dated 15.04.2024 passed in W.P.No.23495 of 2023, by which, learned Single Judge allowed the Writ Petition, cancelling the marriage certificate issued in Marriage Sl.No.35/2018 as also the impugned communication dated 21.07.2023.

2. When the matter is taken up for hearing, both the parties, namely, the appellant and the 1st respondent are before this Court, who have stated across the bar that they have arrived at an amicable settlement and in proof thereof, they have also filed a Joint Compromise Memo dated 15.11.2024 before this Court, the gist of which reads as follows:

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"1. The appellant and the 1st respondent herein agreed to withdraw all the legal proceedings in i) H.M.O.P.No.3949 of 203 filed by the Appellant for Restitution of Conjugal Rights before the Hon'ble IV Additional Family Court at Chennai. ii) H.M.O.P.No.2084 of 2024 filed by the 1st Respondent for Null and Void before the Hon'ble IV Additional Family Court at Chennai.

2. The appellant and 1st respondent herein has agreed unconditionally to withdraw all the allegations against the appellant and 1st respondent before all the forums.

3. The appellant and the 1st respondent shall not interfere with each other's life in future and there is no claim against each other.

4. The appellant and the 1st respondent also agreed that they shall not indulge in any kind of future litigation against each other.

5. The appellant and the 1st respondent submits that they have agreed all the terms made above.

6. The appellant and the 1st respondent submits that all the agreed upon terms are read, understood and they are jointly signing the memorandum out of their own will and volition.

7. It is made clear that the appellant and the 1st respondent are not subjected to any kind of undue influence, coercion and duress from any third party(ies)."

3. Recording the Joint Compromise Memo dated 15.11.2024, this Writ Appeal is disposed of and the order of the learned Single Judge in respect of cancellation of marriage certificate stands confirmed. A direction is issued to the concerned Official Respondent to cancel the marriage certificate of the parties forthwith. The Joint 3/6

Compromise Memo dated 15.11.2024 shall form part of this judgment. No costs. Consequently, connected Miscellaneous Petition is closed. [D.K.K,J.] [P.B.B,J.] 15.11.2024 Index: Yes / No Internet: Yes / No Speaking Order/Non Speaking Order ar 4/6

To:

1. The Secretary to the Government, Government of Tamil Nadu, Social Welfare and Women Empowerment Department, Secretariat, Fort St.George, Chennai-600 009.

2. The Additional Registrar (Investigation), O/o.The District Registrar, Integrated Building for Offices of the Fanepet, Nandanam, Chennai-600 005.

3. The Inspector General of Registration, Registrar General of Marriages, No.100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalai Puram.

4. The District Registrar,

5. The Sub Registrar, 5/6

D.KRISHNAKUMAR,J., AND P.B.BALAJI,J., ar 15.11.2024 6/6