Naveen Kumar v. Archana

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-04-2026

CORAM

THE HON'BLE MRS.JUSTICE R. KALAIMATHI CMSA No s . 56 and 57 of 2025 and CMP Nos.19077 of 2025 Naveen Kumar S/o Elumalai ..Appellant(s) in both CMSAs Vs Archana D/o. Selvam ..Respondent(s) in both CMSAs Prayer in C.M.S.A.No.56 of 2025: The Civil Miscellaneous Second Appeal is filed under Section 100 of C.P.C. r/w Section 28 of Hindu Marriage Act, 1956, seeking to set aside the judgment and decree dated 06.01.2025 passed in C.M.A.No.13 of 2023 on the file of the Additional Sessions Judge, Krishnagiri, confirming the judgment and decree dated 10.07.2023 passed in H.M.O.P.No.20 of 2016 on the file of the Subordinate Judge Court, Uthangarai.

Prayer in C.M.S.A.No.57 of 2025: The Civil Miscellaneous Second Appeal is filed under Section 100 of C.P.C. r/w Section 28 of Hindu Marriage Act, 1956, seeking to set aside the judgment and decree dated 06.01.2025 passed in C.M.A.No.14 of 2023 on the file of the Additional Sessions Judge, Krishnagiri, confirming the judgment and decree dated 10.07.2023 passed in H.M.O.P.No.11 of 2018 on the file of the Subordinate Judge Court, Uthangarai.

For Appellant : Mr.K.V.Sanjeevkumar in both C.M.S,A For Respondent : Mr.A.G.Abhishek in both C.M.S.A

COMMON JUDGMENT These Civil Miscellaneous Second Appeals have been filed by the appellant / husband against the judgment and decree dated 10.07.2023 made in H.M.O.P.No.20 of 2016 and H.M.O.P.No.11 of 2018 by the Subordinate Court, Uthangarai, in which, the petition in H.M.O.P.No.20 of 2016 filed by the respondent / wife under Section 9 of the Hindu Marriage Act, 1955, seeking for restitution of conjugal rights was allowed and the petition in H.M.O.P.No.11 of 2018 filed by the appellant / husband under Section 13(1)(a) of the Hindu Marriage Act, 1955, seeking for divorce was dismissed.

2. Today, when the matters were taken up for hearing, learned counsel for the appellant and the respondent would state that pending these appeals, these matters were referred to Mediation and Conciliation Centre, attached to this Court and the appellant and the respondent have settled the issue and decided to live separately. The appellant and the respondent filed a Joint Compromise Memo dated 27.04.2026 duly signed by the parties and their respective counsels. In view of the Joint Compromise Memo, the parties have mutually agreed to withdraw the allegations against each other.

3. The terms of Joint Compromise Memo filed by the parties, dated 27.04.2026 is extracted hereunder:

'' The appellant and respondent have agreed for the following terms and conditions:-

(i) The appellant (husband) has agreed to pay a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) as full and final settlement towards the welfare of the respondent (wife), and the respondent (wife) has agreed to receive the same. (ii) The appellant (husband) has sent the cot and steel bero on 19.04.2026 to the respondent (wife), and the same has been received by her on the same day.

(iii) At request of the appellant (husband), the respondent (wife) returned the thali in the presence of both counsels and the Mediator at the Tamil Nadu Mediation Centre on 20.04.2026.

(iv) The respondent has no objection for granting of Divorce to the appellant.

(v) The appellant (husband) has transferred the aforesaid amount from his bank account to the respondent (wife)'s bank account by way of RTGS in the presence of both counsels and the Mediator at the Tamil Nadu Mediation Centre on 20.04.2026.

Bank Details Appellant : Naveen Kumar - Account No.479301500164 (ICICI Bank), Respondent : Archana - Account No.7285473084 (Indian Bank) RTGS Reference No.ICICR 52026042000 402987.

(vi) Both parties have exchanged all articles, and no articles are pending with either party.

(vii) The respondent (wife) has agreed to waive all her past, present and future maintenance.

(viii) We hereby duly agreed to lead our life separately without involving or interfering with each other's life from the date of divorce and both of us have no objection for marriage. (ix) We hereby declare that we have no mutual claims against each other regarding maintenance, movable and immovable in past, present and future.

(x) We declare that we do not jointly own or possess any property movable or immovable and that either of us does not possess any property of the other.

(xi) We declare that there is no Claim / Petition / Complaint filed or pending before any authorities or Court against each other.

(xii) We hereby assure that the consent of neither of us has been obtained by fraud or undue influence.

4. The Joint Compromise Memo filed by the parties dated 27.04.2026 is taken on record. In view of the above Joint Compromise Memo filed by the appellant and the respondent, the common judgment and decree dated 10.07.2023 made in H.M.O.P.No.20 of 2016 and H.M.O.P.No.11 of 2018 passed by the Subordinate Court, Uthangarai, is hereby set aside and the marriage solemnized between the appellant and the respondent on 20.08.2015 is hereby dissolved and a decree of divorce is granted on the

ground of mutual consent, since the parties have withdrawn the allegations against each other.

4.These Civil Miscellaneous Second Appeals are disposed of accordingly, in terms of the Joint Compromise Memo filed by the parties. The above Joint Compromise Memo dated 27.04.2026 shall form part of the decree. There shall be no order as to costs.. Consequently, connected miscellaneous petition is closed.

27-04-2026 Index: Yes/No Speaking/Non-speaking order kas To.

1.The Additional Sessions Court Krishnagiri 2.The Subordinate Judge Court Uthangarai

R.KALAIMATHI, J.

kas CMSA No s . 56 and 57 of 2025 and CMP Nos.19077 of 2025 27-04-2026