Englebert Jeyapaul v. Jeyakiruba
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2026
CORAM:
THE HON'BLE MR JUSTICE N.ANAND VENKATESH AND THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN and CMP.(MD).No.6977 of 2026 Englebert Jeyapaul ... Appellant(s) Vs.
1.Jeyakiruba 2.Jeevan ... Respondents (Notice to the second respondent is dispensed with vide order dated 10.06.2026 made in CMA.(MD).No.672 of 2026) PRAYER:- Civil Miscellaneous Appeal filed under section 55 of Indian Divorce Act r/w Section 10 of Family Courts Act to set aside the fair and decreetal order made in I.D.O.P.No.21 of 2017 on the file of the Family Court, Madurai, dated 25.07.2024 by allowing the Civil Miscellaneous Appeal.
For Appellant : Mr.Niranjan S.Kumar For R-1 : Mr.M.Antony Rajadurai, for M/s.Roy and Roy Associates 1/7
J U D G M E N T
(Judgment of the Court was delivered by N.ANAND VENKATESH, J.) This appeal has been filed by the husband challenging the judgment passed by the Family Court, Madurai in I.D.O.P.No.21 of 2017 dated 25.07.2024, dismissing the petition filed by the appellant seeking for dissolution of marriage that took place between the appellant and the first respondent on 06.08.2012.
2. During the pendency of this appeal, the matter was referred to the Mediation and Conciliation Centre attached to this Bench and the parties entered into settlement agreement dated 22.06.2026 and decided to settle the dispute amicably among themselves. Accordingly, the mediation report has been received and the matter was placed before the Court today.
3. The appellant and the first respondent were present in person at the time of hearing. A joint compromise memo dated 24.06.2026 has been signed by the appellant and the first respondent and their respective 2/7
counsels. The relevant terms and conditions in the joint compromise memo is extracted hereunder:
NOW THEREFORE THIS MEMORANDUM OF MUTUAL COMPROMISE MEMO WITH SAID TERMS AND CONDITIONS AS FOLLOWS:
a) Both parties agreed to settle their issues amicably.
b) Appellant and respondent are willing for mutual constant divorce for the marriage which was solemnized between them on 06.08.2012 at Madurai.
c) Appellant has no objection to raise up daughter by name Jerusha by the respondent as from her date of birth and also, he undertakes he will not file Gwop for custody of the child in future.
d) Both parties have agreed to file joint compromise memo for mutual consent divorce before this Hon'ble court.
e) The respondent has also undertaken that she will not claim any maintenance for her and for her daughter in future.
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f) Both parties agreed to withdraw their allegations made in their petitions pleaded against each other.
5. The appellant/husband and the 1st respondent/wife have mutually agreed that the present Joint Memorandum of Compromise is final, irrevocable, and binding upon both parties. The parties further undertake that the terms of this compromise are lawful, valid, enforceable, and executable in accordance with law, and that neither party shall seek to evade or defeat the implementation of the settlement by taking advantage of any technical defect, ambiguity, omission, or alleged lacuna, if any. It is further submitted that this Joint Memorandum of Compromise has been entered into by the appellant/husband and the 1st respondent/wife voluntarily, out of their own free will and consent, without any force, coercion, undue influence, misrepresentation, or pressure from any quarter. In view of the amicable settlement arrived at between the parties, the 1st respondent/wife has no objection to this Hon'ble Court allowing C.M.A. 4/7
(MD) No. 672 of 2026 and passing appropriate orders in terms of the present Joint Memorandum of Compromise.
4. In the light of the above development, the joint compromise memo is treated as a petition for dissolution of marriage by mutual consent. The dispute between the parties is going from 2017 onwards and hence, this Court is inclined to dispense with the six months period. The marriage between the appellant and the first respondent that was solemnized on 06.08.2012 is dissolved by mutual consent in terms of the joint compromise memo dated 24.06.2026.
5. This Civil Miscellaneous Appeal stands disposed of. The Joint Compromise memo shall form part and parcel of the decree. No costs. Consequently, the connected miscellaneous petition is closed. [N.A.V., J.] [K.K.R.K, J.] 24.06.2026 NCC :Yes/No Index :Yes/No TSG 5/7
To 1.The Family Court, Madurai.
2.The Record Keeper (Vernacular Records), Madurai Bench of Madras High Court, Madurai.
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N. ANAND VENKATESH,J.
AND K.K.RAMAKRISHNAN,J.
TSG 24.06.2026 7/7