K.Senthilvel v. D.Ambika

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI C.M.A(MD)NOs.427 and 428 of 2018 C.M.A(MD)NOs.427 and 428 of 2018 K.Senthilvel :Appellant/Respondent .vs.

D.Ambika :Respondent/Petitioner PRAYER in C.M.A(MD)No.427 of 2018: Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act praying this Court to set aside the order made in H.M.O.P.No.560 of 2014, dated 11.01.2016, on the file of Family Court, Tiruchirappalli. PRAYER in C.M.A(MD)No.428 of 2018: Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act praying this Court to set aside the order made in H.M.O.P.No.162 of 2015, dated 11.01.2016, on the file of Family Court, Tiruchirappalli. For Appellant :

Mr.C.Ramesh in both C.M.As'

for M/s.M.Sureshkumar For Respondent :

Mr.A.Thiruvadikumar in both C.M.As'

COMMON JUDGEMENT [Judgement of the Court was made by K.RAVICHANDRABAABU,J.] These two Civil Miscellaneous Appeals are filed by the appellant/husband challenging the order of the Family Curt, Tiruchirappalli, one dismissing the petition filed by him for divorce and other allowing the Petition filed by the respondent/wife for restitution of conjugal rights. 2.When the matters are posted today for admission, Mr.A.Thiruvadi Kumar, learned counsel took notice for the respondent and also submitted that he has filed vakalath for the respondent yesterday before the Registry. Both the counsels submitted that though these two Civil Miscellaneous Appeals are filed, the parties in the mean time have entered into a compromise, which was reduced into writing today by way of a Joint Memo of Compromise, dated 26.06.2018. The said Joint Memo of Compromise is filed today before this Court, signed by both the appellant as well as the respondent. Their respective counsels have also signed the https://hcservices.ecourts.gov.in/hcservices/

Joint Memo of Compromise. The parties namely, the appellant as well as the respondent are also personally present before this Court today. When they were enquired by the Court, they admit that they have entered into the compromise and they prayed for disposing these two appeals in terms of the Joint Memo of Compromise entered between them. The said Joint Memo of Compromise reads as under: ''It is submitted that now between the parties a compromise was arrived as follows:

1.The Respondent-wife agreed for Divorce as prayed by the Husband.

2.The Respondent agreed that she got back all her jewels and other articles given during her marriage from the appellant.

3.The Respondent agreed for Permanent Alimony of Rs.20,00,000/-(Rupees Twenty Lakhs) only and out of the same she already received a sum of Rs.5,00,000/-(Rupees five lakhs) only. The remaining amount is received today by way of cash and Demand draft bearing D.D.Nos.83193, 83194 and 83195 drawn in the name of Respondent. 4.The Respondent herein agreed that she will not claim the monthly maintenance as ordered in M.C.No.275 of 2014, dated 2.4.2016, on the file of Family Court, Trichy on account of permanent alimony received today. 5.Both the parties agreed that they will not make any claim or petition against each other hereinafter. It is therefore prayed that this Honourable Court may be pleased to accept this memo of compromise and thus render justice. ''

3.Considering the above-stated facts and circumstances, these Civil Miscellaneous Appeals are disposed of in terms of the Joint Memo of Compromise. Consequently, a decree of divorce as prayed for by the appellant/husband is granted. The Joint Memo of Compromise shall form part of the decree. No costs.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar(CS-IV) To The Judge, Family Court, Tiruchirappalli.

+1cc to Mr.A.Thiruvadikumar, Advocate, SR.No.69795. +1cc to M/s.M.Sureshkumar, Advocate, SR.No.69943. COMMON JUDGEMENT MADE IN C.M.A(MD)NOs.427 and 26.06.2018 vsn RAM/PN/SAR 4/30.07.2018/3P/4C https://hcservices.ecourts.gov.in/hcservices/