G.Ajith v. Mcl Selva Priya
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-03-2025
CORAM
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRP NO. 511 of 2025 G.Ajith S/o. Gangatharan, No.4/18, Eethankadu, Vellichanthai, Kalkulam, Kanyakumari Dt 629203. by power of Attorney V. Thiyakarajan, S/o.
Vedamanickam, No.33/19, Model Village, MES Road, Ganapathipuram, East Tambaram, Chennai 59.
Petitioner Vs MCL Selva Priya W/o. G. Ajith, D/o. S. Manohar, No.3/1-5A, MGR Nagar, 2nd Main Road, Velachery, Chennai 42.
Respondent For Petitioner: M/s.R.Sankarakutralingam For Respondent: M/s.V Sasi Rekha R.K.Radha Krishnan For Sole Respondent appeared through V.C.
Prayer:- Civil Revision Petition filed under Article 227 of Constitution of India, praying to direct the Hon'ble I Additional Family Court, Chennai, to number the I.A.S.R.No.11669 of 2024 in O.P.No.5322 of 2023.
ORDER
Learned counsel appearing for both parties would submit that the matter was referred to mediation earlier. Though mediation has failed, the 1/6
parties have subsequently settled the disputes and a Memorandum of Compromise has been entered into between the parties on 22.03.2025. He would further submit that the Civil Revision Petition may be disposed of based on the terms of the memorandum of compromise.
2. The Memorandum of Compromise is extracted hereunder:- " 1.The Petitioner is G.Ajith, S/o.Gangatharan, aged about 32 years, permanently residing at No.4/18, Eethankadu,Vellichanthai, Kalkulam, Kanyakumari District629203. The Respondent is M.C.L., Selva Priya, W/o.G.Ajith, D/o.S.Manohar aged about 30 years, residing at No.3/1-5A, M.G.R.Nagar, 2nd Main Road, Velachery, Chennai-600 042.
2. It is submitted that the marriage between the Revision petitioner and the Respondent was solemnized on 17.01.2022 at MMI Auditorium, Nagercoil, as per the Hindu rituals.
3. It is submitted that the Respondent has filed the O.P.No.5322 of 2023, on the file of I Additional Family Court, Chennai, praying for Decree of Divorce, and an Exparte Decree was passed on 09.10.2024.
4. It is submitted that against which, the petitioner has filed Petition to set aside the Exparte Decree through his Power Agent, with S.R.No.11971 of 2024, along with Petition 2/6
Under Order 3 Rule 2 of C.P.C., with S.R.No.11669 of 2024, and since I.A.S.R.No.11669 of 2024 was not numbered and returned, the Petitioner has filed the present C.R.P.No.511 of 2025, praying for direction to number the Petition under Order 3 Rule 2 of C.P.C.
5. It is submitted that after various mediation between parties both parties had mutually agreed to enter this Memorandum of Compromise.
6. It is submitted that both parties had mutually agreed for Decree of Divorce dissolving the marriage between the Revision Petitioner and the respondent was solemnized on 17.01.2022 at MMI Auditorium, Nagercoil.
7. It is submitted that the Petitioner has returned the Jewels-bracelet and Cash of Rs.2,00,000/- to the respondent and the respondent hereby duly acknowledge the receipt of the same.
8. It is submitted that the respondent has returned the Jewels-bracelet, one ring, thali chain, bangle to the petitioner and the petitioner hereby duly acknowledge the receipt of the same.
9. It is mutually agreed that the petitioner is having the possession of Two Vessel and kuthuvilakku and due to the Transportation difficulty, the respondent has agreed to collect the same from the petitioner's residence within one month from the date of exciting this Compromise, for which the petitioner has agreed for safe custody of the same till such time. 3/6
10. It is mutually agreed that the petitioner shall record this Memorandum of Compromise in CRP.No.511 of 2025 and shall withdraw the same.
11. Both the petitioners have given up their right of claim of maintenance against each other. Both the Parties agree that there is no other claim against each other and both agree to waive their right to claim maintenance for past, present and future, against each other after decree of divorce.
12. It is mutually agreed that they shall not have any claim whatsoever in and against the immovable property of either party in the future.
13. Both parties have agreed not to create any problem to each other or interfere in each other's personal life, now or in future.
14. Both the parties declare that they will not file any other petition in future against each other arising out of this matrimony. "
3. The Civil Revision petition is disposed of in terms of Memorandum of Compromise. No costs.
25-03-2025 4/6
To
1. The learned Judge, I Additional Family Court, Chennai,1.
2. MCL Selva Priya W/o. G. Ajith, D/o. S. Manohar, No.3/1-5A, MGR Nagar, 2nd Main Road, Velachery, Chennai 42.
5/6
A.D.JAGADISH CHANDIRA, J.
nvsri C.R.P.No.511 of 2025 25.03.2025 6/6