M.Madhimalar, v. R. Kannan,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA CMA(MD)Nos.184 of 2022 and 322 of 2024 and CMP(MD)Nos.1608 of 2022 and 4389 of 2024 CMA(MD)No.184 of 2022:
M.Madhimalar ... Appellant vs.
R.Kannan ... Respondent Appeal filed under Section 19 of the Family Courts Act 1984, against the judgment and decree passed by the learned Family Court, Trichy, made in HMOP.No.188 of 2018 dated 28.09.2021. For Appellant : Mr.P.M.Vishnuvarthanan For Respondent : Mr.R.Nandakumar CMA(MD)No.322 of 2024:
R.Kannan ... Appellant vs.
Page No.1 of 11
M.Madhimalar ... Respondent Appeal filed under Section 19(1) of the Family Courts Act 1984, against the judgment and decree passed by the learned Family Court, Trichy, made in HMOP.No.188 of 2018 dated 28.09.2021. For Appellant : Mr.R.Nandakumar For Respondent : Mr.P.M.Vishnuvarthanan COMMON JUDGMENT [Judgment of the Court was made by A.D.JAGADISH CHANDIRA, J.] The appellant in CMA(MD)No.184 of 2022 is the wife and the appellant in CMA(MD)No.322 of 2024 is the husband. Alleging mental cruelty, the husband filed HMOP.No.188/2018 before the Family Court, Tiruchirapalli, against his wife for granting decree of divorce. The Family Court, by an order dated 28.09.2021, allowed said HMOP holding that the husband has proved the plea of mental cruelty against his wife and had granted decree of divorce and also granted maintenance to the wife at Rs.7,000/- per month. Challenging the decree of divorce, the wife has filed CMA(MD)No.184 of 2022 and challenging the award of maintenance, the husband has filed CMA(MD)No.322 of 2024.
Page No.2 of 11
2.
Originally, the parties entered into the compromise settlement deed dated 18.10.2024, and the scanned reproduction of the same is as follows:
Page No.3 of 11
Page No.4 of 11
Page No.5 of 11
Page No.6 of 11
Page No.7 of 11
3.
However, for want of payment of maintenance amount and for return of three sovereigns of jewels to the wife, the said settlement was kept pending.
4.
Today, when the appeals are taken up for hearing, a joint memo dated 01.08.2025, signed by both the parties as well as their counsels, is produced before this Court which reads as follows: ''(A) In the above CMA's a Compromise entered in between the parties on 18.10.2024 and as per that today (01.08.2025) parties appeared and mutually received the below mentioned things.
1. Cash of Rs.4,00,000/- (500x800 Nos)
2. All the House Hold Articles mentioned in the Deed of Compromise.
(B) Remaining things & Cash Balance Rs.1,00,000/- (One Lakh only), Original RC Book in TN-45-AV-8999 with FORM 29 & 30 (Name Transfer) & 3 Sovereign Gold (916-KDM) before the FIR quash proceedings, will be paid by Husband to the wife, before this Hon'ble Court. Hence this memo.
Page No.8 of 11
It is therefore jointly prayed that CMA(MD)No.184 of 2022 (filed by the wife) may be Dismissed confirming the lower court order granting Divorce and CMA(MD)No.322 of 2024 (Filed by the husband) may be disposed of on the grounds that wife received one time settlement (OTS) towards the maintenance and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.'' 5.
Both the paries are present before this Court along with their counsels. Both the parties have stated that they have entered into the compromise and they would seek that the appeals may be disposed of based on the compromise settlement deed 18.10.2024 and joint memo dated 01.08.2025.
6.
Accordingly, CMA(MD)No.184/2022 challenging the decree of divorce granted by the Family Court in HMOP.No.188/2018, dated 28.09.2021 is dismissed and the order passed in the said HMOP is confirmed. CMA(MD)No.322/2024 challenging the award of maintenance is disposed of in terms of the compromise entered into Page No.9 of 11
between the parties. The compromise settlement deed 18.10.2024 and joint memo dated 01.08.2025 shall form part and parcel of the common judgment and decree. No costs. Consequently, connected Civil Miscellaneous Petitions are closed.
[A.D.J.C., J.] [R.P., J.] 01.08.2025 Index : Yes / No bala To The Judge, Family Court, Tiruchirapalli.
Page No.10 of 11
A.D.JAGADISH CHANDIRA, J.
AND R.POORNIMA, J.
bala COMMON JUDGMENT MADE IN DATED : 01.08.2025 Page No.11 of 11