Madras High CourtCRP(MD)/2337/2018disposed of

G.Sathyamoorthy v. K.Subhashini

2019-11-08Honourable Mr Justice Krishnan Ramasamy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Friday, the Eighth day of November Two Thousand and Nineteen PRESENT The Hon'ble Mr.Justice KRISHNAN RAMASAMY G.SATHYAMOORTHY ...Petitioner/Respondent Vs K.SUBHASHINI ...Respondent/Petitioner Prayer :Civil Revision Petition is filed under Article 227 of the Constitution of India against the ex-parte order made in G.W.O.P.No.3 of 2017 dated 09.03.2018 on the file of the Family Court, Dindigul.

Decree: Civil Revision Petition is coming upon for hearing on this day upon perusing the Petition and upon hearing the arguments of Mr. A.Prasanna Rajadurai, Advocate for Mr.R.Sagadevan, Advocate appearing for the petitioner and of Mr.K.Chengizkhan, Advocate for M/s.G.Prabhu Rajdurai, Advocate for the respondent and considering the Joint Compromise Memo dated 08.11.2019 filed in CRP(MD). No.2337 of 2018 signed by both the parties and their respective counsel's, while disposing of the Civil Revision Petition this Court doth Order and Decree as follows:-

1. that in view of the Joint Compromise Memo dated 08.11.2019 filed in CRP(MD). No.2337 of 2018 signed by both the parties along with their respective counsel's, both the parties agreed to the parties above named have compromised their dispute with reference to the custody of their son minor Vihar Veer aged 6 years in the following terms;

2. That the petitioner and the respondent have already annulled their marriage by a decree of divorce on mutual concern without any maintenance. The Parties are entitled to lead their respective life in their own way and agrees not to interfere in the life of each other;

3. That, I submit that the parties agrees that the custody of only son minor Vihar Veer shall be with the father G.Sathyamoorthy;

4. That the parties agrees that the mother K.Subhasini shall have the temporary custody during alternative week ends from Saturday till 5 p.m. Sunday;

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5. That the mother K.Subhasini shall have the temporary custody of minor Vihaar Veer in the 1st half of his summer holidays and during Christmas Vacation from 25th December till 31st December of every year;

6. That the father shall have the custody of the minor during next Diwali and the mother shall have the custody during next Pongal festival. This will be reversed every year to enable the minor to enjoy the festival with both the parties;

7. That the father has to inform and have the concurrence of the mother regarding any major decision affecting the life of the minor like changing the school;

8. That the father agrees to procure a smart phone exclusively for the minor and to keep it with himself. The father must facilitate the mother to communicate with the minor through video call daily between 7 p.m. to 8 p.m. Similarly, when the minor is in the temporary custody of the mother the phone would be in the hands of the mother to facilitate his father to communicate with the son;

9. That the parties to create an whatsapp account between themselves and the minor son to keep record of all the development and as a manner of communication during the time when the minors custody is given and taken between themselves; 10 That the mother shall have all access and interaction with the teachers and authorities of the minor where he is studying; 11 That the father agrees to provide the mother the visitation right to the minor son whenever the mother visits Chennai subject to his convenience;

12 That the parties further agrees to allow the other party to took the minor son during weddings and major functions of their respective family members;

13 That the parties in all good faith agree not to say anything bad or derogatory of each other and particularly to the minor son. In case of any difficulties the parties are entitled to apply;and 14 That there be no costs in this Civil Revision Petition. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) 2/3

TO The Judge, Family Court, Dindigul.

Copy to:

The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai +1 CC to Mr.R.SAGADEVAN, Advocate SR-97090 ORDER DATED : 08/11/2019 ========================== DECREE ========================== NATURE OF DECREE:

JOINT COMPROMISE DECREE against the ex-parte order made in G.W.O.P.No.3 of 2017 dated 09.03.2018 on the file of the Family Court, Dindigul etc., as stated within.

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