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Judgments of Supreme Court of India and High Courts

D.Mahesh vs M.Amirtha Raj on 8 February, 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.02.2019

Coram

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH
and
THE HONOURABLE MR. JUSTICE C.SARAVANAN

C.M.A.No.1233 of 2019
and C.M.P.No.3417 of 2019

D.Mahesh .. Appellant

vs.

M.Amirtha Raj .. Respondent

Appeal filed under Section 19 of Family Courts Act against the
judgment and decree made in H.M.O.P.No.569 of 2014 on the file of
the Family Court, Erode, Erode District dated 09.02.2016.

For Appellant : Mr.C.D.Johnson

For Respondent : Mr.M.Guruprasad

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.)

This appeal is filed against the dismissal of the divorce

petition filed by the husband/appellant.

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2.Today, the appellant is present before this Court.

Learned counsel appearing for both sides submits that the matter has

been resolved between the parties as per the Memorandum of

understanding dated 10.10.2018. Hence based upon the same, the

appeal may be disposed of.

3.The memorandum of understanding dated 10.10.2018

signed by the parties and duly attested by their respective counsel

reads as under:

The Memorandum of Understanding is made at
Chennai on this 10th day of October 2018
Between
Mahesh S/o.g.Devaraj, aged about 35 years residing at
No.4,140/1, Anna Street, Elango Nagar, Menambedu,
Ambattur, Chennai 600 053 hereinafter called the FIRST
PARTY
and
K.Amritha, D/o.G.K.Raj, aged about 31 years and presently
resiidng at Plot No.40, Lakshmi Illam, 3rd Street, Ist
Cross, Sree Thangam nagar, Pavalathampalayam,
Kathirampatti Post, Erode District hereinafter called the
SECOND PARTY

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1.The First Party and the Second Party herein
mutually agreed to inventories the exchanges of above
said article each of them without any prejudice.

2.The First Party herein agreed to pay a sum of
Rs.2,00,000/- (Two lakhs only) vide DD No.958612 dated
27.09.2018 drawn in favour of Amritha K, the Second
Party herein drawn at Indian Bank, Ambattur Branch,
Chennai in full and final towards all her past, future and
present claims of maintenance and permanent alimony,
jewellery, stridhana/dowry articles etc.,

3.The Second Party herein agreed to enter
appearance in CMA SR No.33182/2016 before the Hon’ble
High Court of Judicature at Madras and both the First and
Second Party herein request the Hon’ble High Court of
Judicature of Madras to refer the CMA SR No.33182/2016
for Mediation and Conciliation Centre for a mutual
settlement.

4.There shall be exchange of articles each of them as
agreed by the parties. The First Party herein shall return
the following silver articles as per the list enclosed. Further
the First Party agrees to repay the brass and other articles.

5.The First Party herein and the Second Party

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mutually agreed to inventories the exchange of above said
article without any prejudice.

6.The First Party herein agreed to pay a sum of
Rs.2,00,000/- (Two Lakhs only) vide DD No.958612 drawn
in favour of Amritha K the Second party herein drawn at
Indian Bank, Ambattur Branch, Chennai.

7.The Second Party herein agreed to enter
appearance in CMA SR No.33182/2016 before the Hon’ble
High Court of Judicature of Madras and both the First and
Second Party herein request the Hon’ble High Court of
Judicature at Madras to refer the CMA SR No.33182/2016
for Mediation and Conciliation Centre for a mutual
settlement.

Whereas the marriage between the First Party and
the Second Party was solemnized according to Hindu Rites
and Ceremonies on 12.09.2010, thereafter the parties
lived together as husband and wife till July 2012 at Plot
No.4, D.No.140/1, Anna Street, Elango Nagar,
Menambedu, Ambattur, Chennai. There is no child born out
of the wedlock of the parties.

Whereas thereafter due to misunderstanding in their
matrimonial life between the parties and the parties
couldn’t enjoy their married life happily and now the
parties are living separately from August 2012. The

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marriage between the parties has irretrievably broken
down and there is no possibility of any reconciliation.

Whereas the First Party herein filed HMOP No.290 of
2012 seeking divorce before Sub Court at Poonamallee.
The Second Party herein filed transfer application before
Hon’ble High Court of Judicature at Madras in
Tr.C.M.P.No.664/2012. The case in HMOP No.290 of 2012
on the file of Sub Court, Poonamallee was transferred to
Family Cort, Erode and renumbered as 136/2013, the
second party herein also filed HMOP No.570/2014 seeking
restitution of conjugal rights and both the cases were
clubbed together and joint trial was conducted, the learned
Family Judge, Erode by judgment and decree allowed
HMOP No.570/2014 by ordering the restitution of conjugal
rights and dismissed HMOP No.136/2013 dismissing the
divorce petition filed by the First party herein.

The First Party herein preferred Appeal in CMA SR
No.33182/2016 with a delay of 20 days in preferring
appeal before the Hon’ble High Court of Judicature at
Madras. The Hon’ble High Court of Judicature at Madras
directed the First Party counsel to take private notice. The
private notice was sent however the Second Party herein
did not enter her appearance, the petition in CMA SR
No.33182/2016 is still pending.

In the meanwhile the First and Second Party herein

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decided to part ways because since much water has frown
the bridge thus the First and Second Party herein to the
agreement/Memorandum of Understanding settled all
disputes amicably for the following terms and conditions.

8.The Second Party herein expressed her no
objection for granting decree of divorce or express her
consent for allowing the CMA SR No.33182 of 2016.

9.It is agreed that the execution of the terms and
conditions stated above there shall be no claim between
the parties against each other in nay manner whatsoever.
The Second Party shall raise any claim or right over the
properties immovable or movable of the First Party or his
parents and relatives in future. She shall not file any other
criminal complaints against the First Party or his family
members within the jurisdiction in India or abroad.

10.That it is further agreed between both the parties
that they would not have any communication or contact
with each other, with each other’s friends, family members
or relatives. They shall not create any situation which may
defame or lower the reputation of the parties or their
families in the society. It is further agreed that they shall
not enter at each other’s work place as well.

11.Both the parties have executed this MOU by

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mutual consent and without any force, coercion,
misrepresentation, pressure, threat and undue influence
from any corner and after going through and
understanding the contents of the same.”

4.Considering the submissions made, this Civil Miscellaneous

Appeal stands disposed of in terms of the memorandum of

understanding dated 10.10.2018 and the memorandum of

understanding dated 10.10.2018 shall form part of the decree. No

costs. Consequently, connected miscellaneous petition is closed.

5.In view of the memorandum of understanding dated

10.10.2018, the order passed by the Family Court, Erode in

H.M.O.P.No.569 of 2014 dated 09.02.2016 stands set aside and there

shall be a decree for divorce by mutual consent. Consequently, the

allegations made by the parties against each other stand expunged.

(M.M.S.J.,) (C.S.N.J.,)
08.02.2019
Index:Yes/No
mmi

Note: Issue copy of the order on 13.02.2019

M.M.SUNDRESH, J.

and
C.SARAVANAN, J.

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mmi

To

The Family Court,
Erode, Erode District.

C.M.A.No.1233 of 2019

08.02.2019

http://www.judis.nic.in

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