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Madras High CourtCMA(MD)/504/2023allowed

Dr.S.Karthikeyan v. Dr.Chitradevi

2025-07-16Honourable Mr Justice A.D.Jagadish Chandira,Honourable Ms.Justice R. Poornima5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA CMA(MD).Nos. 504 and 505 of 2023 and CMP(MD).Nos. 6394 and 6395 of 2023 Dr.S. Karthikeyan ... Appellant in both CMAs vs.

Dr.Chitradevi ... Respondent in Both CMAs PRAYER in CMA(MD).No.504 of 2023: Appeal filed under Section 19 of the Family Courts Act, to set aside the fair and decreetal order, dated 24.02.2023 rendered in HMOP.No.527 of 2020 on the file of the Family Court, Madurai and to dismiss the suit.

PRAYER in CMA(MD).No.505 of 2023: Appeal filed under Section 19 of the Family Courts Act, against the fair and decreetal common order against in HMOP.No.527 of 2020 and GWOP.No.149 of 2020, dated 24.02.2023 on the file of the Family Court, Madurai.

For Appellant in both CMAs : M/s. S. Ram sundar vijayraj For Respondent in both CMAs : Mr. Dictum Law Firm Page No.1 of 5

COMMON JUDGMENT [Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] CMA(MD).No.504 of 2023 has been against the fair and decreetal order, dated 24.02.2023 made in HMOP.No.527 of 2020 on the file of the Family Court, Madurai.

CMA(MD).No.505 of 2023 has been filed against the fair and decreetal common order made in HMOP.No.527 of 2020 and GWOP.No.149 of 2020, dated 24.02.2023 on the file of the Family Court, Madurai.

2. Both appeals have been filed by the appellant/husband, challenging the denial of divorce and the refusal to grant him custody of the child."

3. The learned counsel appearing for the appellant would submit that though the respondent, wife had contested the divorce petition, she has agreed to get the marriage dissolved between them, dated 27.03.2013 and she has no objection to allow the appeal in CMA(MD).No.504 of 2023. He would further submit that the appellant, husband has also agreed to withdraw the CMA(MD).No.505 of 2023 against the grant of custody of the child and he has relinquished his right of custody as per the terms of the joint compromise. He Page No.2 of 5

would also submit that the appellant is paying a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) to the respondent, wife through Demand Draft bearing No.608981, Bank of Baroda, Anna Nagar Branch, Madurai, dated 11.07.2025 as permanent alimony.

4. The learned counsel appearing for the respondent submits that the respondent / wife has also agreed that she will not claim any maintenance from the appellant / husband in future as per the terms of joint compromise memo.

5. Pending appeals, both the parties have arrived at compromise. They have also filed a joint compromise memo before this Court. The terms of joint compromise memo reads as follows:

"1. The parties here to confirm and declare that on their own free Will arrived at this Joint Compromise Terms.

2. The Appellant / Husband is paying Rs.25,00,000/- (Rupees Twenty Five Lakhs only) to the respondent / wife through Demand Draft bearing Demand Draft No.608981, Bank of Baroda, Anna Nagar Branch, Madurai dated 11.07.2025 as permanent alimony to respondent / wife and child. The respondent / wife agreed that she will not claim any maintenance from the Appellant / Husband hereafter.

3. The Respondent / Wife agreed to dissolve the marriage between them dated, 27.03.2013 at Raja Muthaiah Madram, Madurai and given consent to allow the CMA(MD).No.504 of 2023.

4. The appellant / Husband agreed to withdraw the CMA(MD).No.505 / 2023 and both the parties agreed to the Page No.3 of 5

condition that the minor child namely Sai Pranav K aged about 10 years will be in the custody of the respondent / wife."

6. In view of the terms of joint compromise memo, dated 16.07.2025 the appeal in CMA(MD).No.504 of 20223 stands allowed and thereby, the marriage solemnized between the appellant and respondent, dated 27.03.2013 at Raja Muthaiah Mandram, Madurai as per Hindu Rites and Customs, stands dissolved and CMA(MD).No.505 of 2023 stands dismissed and the order of the Family Court, Madurai passed in GWOP.No.149 of 2020, dated 24.02.2023 stands confirmed. The Joint Compromise memo filed by the parties shall form part of this Judgment. No costs. Consequently, the connected Miscellaneous Petitions are closed.

[A.D.J.C, J.] [R.P, J.] 16.07.2025 Index : Yes / No : Yes / No trp To:

The Family Court, Madurai.

Page No.4 of 5

A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA, J.

trp CMA(MD).Nos. 504 and 505 of 2023 and CMP(MD).Nos. 6394 and 6395 of 2023 DATED : 16.07.2025 Page No.5 of 5