Ravichandran v. Shanmugathai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE R.POORNIMA C.M.A(MD)No.773 of 2024 Ravichandran ... Appellant/ Petitioner -VsShanmugathai ... Respondent/ Respondent PRAYER: This Civil Miscellaneous Appeal is filed under Section 19 of the Family Courts Act, against the fair and decreetal order made in H.M.O.P.No.125 of 2023 on the file of the learned Family Court, Srivilliputtur, dated 01.02.2024. For Appellant : M/s.R.Jenifar Bibin for Mr.C.Karuppasamypandian For Respondent : Mr.D.Rajaboopathy

JUDGMENT

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This appeal has been filed against the fair and decreetal order dated 01.02.2024 made in H.M.O.P.No.125 of 2023 by the learned Family Court, Srivilliputtur.

2.Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent.

3.This Court, by order dated 11.09.2024, had referred to the matter before the Mediation. During the Mediation, the parties have entered into settlement/compromised, pursuant to which, a joint memo of compromise has been filed, which has been duly signed by the petitioner and the respondent and also by their respective counsels. The said memo of joint compromise is extracted hereunder:

"Both parties submit that the marriage between them was solemnized on 02.06.2014 at Subramaniyaswamy Temple in an accordance with Hindu Religious rites and customs in the presence of family members and relatives. In the wedlock, two children were

born namely Nila(now aged 10) and Rishi(now aged 7). Both parties submits that since situation have been changed, the appellant/husband herein filed a petition under 13(1)(i-a)(i-b) of Hindu Marriage Act in H.M.O.P.No.125 of 2023 before the learned Family Court, Srivilliputtur for dissolving a marriage solemnized between the parties on 02.06.2014 at Subramaniyaswamy Temple. The said petition was dismissed by the learned Court on 01.02.2024. Challenging the same, the appellant/husband preferred an appeal before this Court in C.M.A(MD)No.773 of 2024. 3.Pending appeal, the case was referred to mediation attached with this Court, wherein the entire issue between the parties have been settled amicably. Subsequently, the appellant/husband has paid a sum of Rs.2,25,000/- by way of Demand Draft bearing No.540051 dated 03.10.2024 to the wife and children towards permanent alimony. Accordingly, the following settlement has been arrived at between the parties:

(a)Both the parties have withdrawn the entire allegations raised each other in H.M.O.P.No.125 of 2023.

(b)The respondent/wife herein has already received an amount of Rs.2,25,000/- from the appellant/Husband towards Permanent Alimony to herself and two children. Further, the custody of two children namely Nila(now aged 10) and Rishi(Now aged 7) shall be remained with respondent/wife herein. (c)The respondent/wife herein agreed to dissolve the marriage solemnized between parties on 02.06.2014 at Subramaniyaswamy Temple.

(d)Both the parties agreed that there shall not be any mutual claims between them hereafter.

(e)Both parties agreed that they will not disturb each other or their family members in any manner hereafter. 3.Both the parties submits that now the entire dispute between the appellant and the respondent herein is settled amicably before the mediation centre attached before this Court. In accordance with the above settlement, the respondent herein agree to allow the appeal pending in C.M.A(MD)No.773 of 2024 before this Court and expresses her no objection to allow the same." 4.The petitioner and the respondent appeared in person before this Court along with their counsels and also produced their Aadhar cards. Both the parties were enquired and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

5.The parties also submitted that the marriage was solemnized in the year 2014 and they have got separated in the year 2018 and they are living separately for the past two years and there is no chance of reconsideration between the parties.

6.In view of the memo of compromise dated 08.07.2025, this Civil Miscellaneous Appeal is allowed and the order dated 01.02.2024 passed in H.M.O.P.No.125 of 2023 by the Family Court, Srivilliputhur is set aside and the marriage between the petitioner and the respondent, which took place on 02.06.2014, is dissolved by a decree of divorce. The said compromise memo dated 08.07.2025 shall form part of this order. No costs. [A.D.J.C., J.] & [R.P., J.] 08.07.2025 NCC : Yes / No Index : Yes / No NS To The Family Court, Srivilliputtur,

A.D.JAGADISH CHANDIRA , J.

AND R.POORNIMA , J.

Ns C.M.A(MD)No.773 of 2024 08.07.2025