Dhanalakshmi v. Selvakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2025

CORAM:

THE HONOURABLE Mrs. JUSTICE R.KALAIMATHI and CMP.No.826 of 2025 Dhanalakshmi ... Appellant in both in CMSAs.

vs.

Selvakumar ... Respondent in both CMSAs.

COMMON PRAYER: Civil Miscellaneous Second Appeals are filed under Section 28 of Hindu Marriage Act, 1955 r/w Section 100 of C.P.C. to set aside the decree and Judgment dated 30.04.2024 passed in HMCMA.Nos.4 & 3 of 2019 on the file of the Subordinate Court, Tirupattur.

In both cases For Appellant : Mr.PA.Sudesh Kumar For Respondent : Mr.M.A.Mumtaj Surya COMMON JUDGMENT Heard the learned counsels for the appellant and the respondent.

2. Appellant, Mrs.Dhanalakshmi and the respondent Mr.Senthil are present before this Court.

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3. Learned counsel for both sides filed a Joint Memo of Compromise dated 22.09.2025. The appellant/wife received twelve Demand Drafts each for a sum of Rs.1,00,000/- from the respondent/husband for a total sum of Rs.12,00,000/-. The Joint Memo of Compromise is taken on file and the essential details are extracted as follows:

JOINT MEMO FOR RECORDING SETTLEMENT

3) a) The respondent/husband shall pay a permanent alimony of Rs.12,00,000/- ( Rupees Twelve Lakhs only) to the appellant/wife towards full and final settlement of all her past, present and future claims of maintenance, alimony or any other monetary claim. b) The said amount shall be paid to the appellant by way of 12 nos.of Demand Draft of Indian Bank Vinnamangalam Branch dated 17.09.2025 which contains Rupees One Lakh each in favour of Dhanalakshmi, and the receipt of the same shall be acknowledged by her. The details of Demand Draft in favour of the appellant are, 223683, 223684, 223685, 223686, 223687, 223688, 223689, 223690, 223691, 223692, 223693, 223694 c) The appellant accepts the above amount in full and final settlement and undertakes that she will not hereinafter claim any further amount towards maintenance, alimony, or any property or other claims, against the respondent or his family members and the sons namely Mr.Manoj and Mr.Prasannakumar.

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d) The respondent/husband agrees to furnish the mobile/contact numbers of their two sons namely, Manoj - 8870784511, Prasanna - 8807542664 to the appellant/wife, enabling her to speak to them as observed by this Hon'ble Court.

e) The appellant/wife undertakes to withdraw the pending CRLMP.No.16760/2023 in Maintenance Case No.05/2019 on the file of Judicial Magistrate No.1, Tirupattur as well as the Criminal case bearing FIR.No.317/2019 on the file of Ambur Taluk Police Station filed against the respondent/husband, in view of this settlement, and confirms that she has no subsisting grievance or cause of action in respect of those matters.

f) Both parties agree that this settlement extinguishes all claims arising out of their matrimonial relationship, including any claim for future maintenance or litigation.

g) The respondent Mr.Selvakumar confirms that, his son S.Prasanna, the Complainant in Crime No.318/2019, Ambur, Taluk Police Station, agrees to withdraw the said complaint against the appellant/wife, Dhanalakshmi and her relatives Shanmugam, Premavathi, Palanisamy and Elayaraja in view of this settlement, and undertaken not to pursue any criminal or civil proceedings arising from the subject matter of the said complaint.

h) Accordingly, the pending proceedings viz., i) Crl.M.P.No.16760/2023 in M.C.No.05/2019 on the file of Judicial Magistrate No.1, Tirupattur, 3/5

ii) FIR in Crime No.317/2019 filed by wife Dhanalakshmi against her husband and others on the file of Ambur Taluk Police Station, Ambur. Iii) FIR in Crime No.318/2019 filed by son S.Prasanna against Dhanalakshmi and others on the file of Ambur Taluk Police Station, Ambur. Shall be made to come to an end, by terminating the proceedings on production of this order copy before the authorities concerned by their respective petitions.

i) The parties are withdrawing their allegations made against each other in their respective petitions.

j) The marriage solemnized between Dhanalakshmi and Selvakumar on 29.08.1997 is hereby dissolved and decree of divorce be granted to the parties on the terms of this compromise memo.

4. Recording the above stated terms of Joint Compromise Memo, these Civil Miscellaneous Second Appeals are disposed of in terms of the joint memorandum of compromise dated 22.09.2025 and the same forms part of the decree. There is no order as to costs. Consequently,connected miscellaneous petition is closed. 26.09.2025 Index : Yes/No Speaking / Non-speaking order kkd 4/5

R.KALAIMATHI,J.

kkd To:

The Subordinate Court, Tirupattur.

CMSA.Nos.76 & 77 of 2024 26.09.2025 5/5