Raja v. Tharani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA and CMP(MD)No.8986 of 2024 CMA(MD)No.813 of 2024:

Raja ... Appellant vs.

Tharani ... Respondent Appeal filed under Section 19(1) of the Family Courts Act, against the judgment and decree dated 20.02.2024 made in O.P.No.64 of 2023 on the file of the Family Court, Sivagangai.

For Appellant : Mr.V.S.Kumaraguru For Respondent : Mr.R.Karunanidhi CMA(MD)No.398 of 2020:

Raja ... Appellant vs.

Tharani ... Respondent Page No.1 of 6

Appeal filed under Section 19(1) of the Family Courts Act, against the judgment and decree dated 20.02.2024 made in Counter Claim in O.P.No.258 of 2023 on the file of the Family Court, Sivagangai. For Appellant : Mr.V.S.Kumaraguru For Respondent : Mr.R.Karunanidhi COMMON JUDGMENT [Judgment of the Court was made by A.D.JAGADISH CHANDIRA, J.] The appellant in both the appeals is the husband and the respondent is the wife. The appellant/husband filed O.P.No.64/2023 before the Family Court, Sivagangai, against the respondent for granting decree of divorce and the respondent/wife filed O.P.No.258/2023 against the appellant/husband for restitution of conjugal rights. The Family Court, by a common order dated 20.02.2024, dismissed the petition for divorce and allowed the petition for restitution of conjugal rights. As against the said common order, the appellant/husband has filed these appeals.

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2.

When the appeals came up for hearing on 22.07.2025, the counsel on either side submitted that the matter may be referred to the mediation centre to explore the possibility of settlement. After mediation, the parties have arrived at a compromise and filed a joint compromise memo.

3.

Today, when the appeals are taken up for hearing, a joint compromise memo dated 05.08.2025, signed by both the parties as well as their counsels, is produced before this Court. The terms of the joint compromise memo are as under:

''i) It is admitted by both the appellant and respondent that they mutually consented, agreed and arrived at the compromise for separation and dissolve their marriage, on their own after detailed deliberation and consideration and in the interest of their future, without any external pressure or force, threat or coercion from anybody.

ii) In consequence thereof and as informed to the Mediation Centre of High Court, Madurai Bench on 31.07.2025, the appellant has handed over and returned back all the household articles and utensils given as sridana at the time of marriage to her and the same were received by the respondent/wife and her family on 1.08.2025 in public without any objection under letter of acknowledgement signed Page No.3 of 6

by witnesses.

iii) The appellant hereby agrees to hand over the all Jewell's and silver articles to the respondent and her family as per list annexed in this compromise memo, and the respondents also agrees to handover the all gold and silver articles to the appellant as per list annexed in this compromise memo.

iv) The parties hereto will have no past or future claim or dispute for present or future against each other over the articles, money or relationship citing past or fresh reasons so as to create any fresh cause of action against each other.

v) In view of separation decided by both parties, the respondent hereby agrees to allow both the above appeals CMA(MD) Nos.813 & 814 of 2024 on the file of this Hon'ble Court. vi) Both parties are dis-entitled to disturb or interfere in the present or future life way of life desired and decided by each other, by any means or at any cost.''

4.

Both the appellant as well as the respondent are present before this Court along with their counsels. Both the parties have stated that they have entered into the abovesaid terms of compromise and filed the joint compromise memo and they would seek that the appeals may be disposed of based on the joint compromise memo dated 05.08.2025. Page No.4 of 6

5.

Accordingly, CMA(MD)No.813/2024 challenging the decree of divorce granted by the Family Court, is allowed as per Clause (i) of the joint compromise memo. Consequently, CMA(MD) No.813 of 2024 stands allowed and the order in O.P.No.64 of 2023 dated 20.02.2024 stands set aside and thereby the marriage between the petitioner and the respondent dated 15.03.2021 at P.K.Marriage Hall, Thirupuvanam stands dissolved. CMA(MD)No.814/2024 challenging the order dated 20.02.2024 made in O.P.No.258/2023 filed for restitution of conjugal rights, is also allowed and the order impugned therein dated 20.02.2024 in O.P.No.258/2023 is set aside. The joint compromise memo dated 05.08.2025 shall form part and parcel of the judgment and decree. No costs. Consequently, connected Civil Miscellaneous Petition is closed. [A.D.J.C., J.] [R.P., J.] 11.08.2025 Index : Yes / No bala To The Judge, Family Court, Sivagangai.

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A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA, J.

bala COMMON JUDGMENT MADE IN DATED : 11.08.2025 Page No.6 of 6