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K.M.Sanjay Kumar vs Dr.M.Suchitra .. Respondent In … on 21 January, 2019

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.01.2019
CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH

CRP.(PD).Nos.3583 3586 of 2018
and
C.M.P.Nos.20069 20073 of 2018

K.M.Sanjay Kumar .. Petitioner in both CRPs.

V.

Dr.M.Suchitra .. Respondent in both CRPs.

COMMON PRAYER : Civil Revision Petitions are filed under Article
227 of the Constitution of India, to set aside the petitions and
docket orders dated 10.10.2018 made in I.A.Nos.40 42 of 2018 in
HMOP.No.7 of 2018 on the file of the learned Subordinate Judge,
Gobichettipalayam by allowing these Civil Revision Petitions.

For Petitioner : Mr.N.Manokaran
For Respondent : Mr.SA.Shanmugam

COMMON ORDER

The orders under challenge in the present revisions are

against the orders allowing the application in I.A.No.40 of 2018 filed

under Order 7 Rule 14(3) CPC to receive a list of documents and the

application in I.A.No.42 of 2018 filed under Order 16 Rule 6 CPC to

call for certain receipts from the professional courier office.

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2.Heard Mr.N.Manokaran, learned counsel for the petitioner

and Mr.SA.Shanmugam, learned counsel for the respondent.

3.Pending these revisions, the parties have amicably resolved

the disputes among themselves, whereby they have agreed to have

their marriage solemnized on 15.09.2014, dissolved in terms of the

compromise. Both the parties have filed a joint memorandum of

compromise dated 21.01.2019 agreeing to the following terms and

conditions:

JOINT MEMORANDUM OF COMPROMISE

The parties herein, who are the husband and
wife respectively, have entered into compromise
after much discussions and deliberations
between themselves and they have arrived at
the following terms and conditions:-

1.It is submitted that the marriage was
solemnized between the parties herein on
15.09.2014 at Gobichettipalayam according to
Hindu customs and rites. No children were born
to the parties out of their wedlock.

2.That parties herein submits that on
account of lack of adjustment and
misunderstanding they are unable to live
together and are living separately from
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11.11.2017. All the efforts taken by the elders,
friends, mediators and persons interested in the
family of both, have failed and the parties herein
have mutually decided to part ways between
themselves in the matrimonial life;

3.That the petitioner/husband and
respondent/wife for purchase of peace and
compromise arrived between both parties, the
parties herein shall withdraw their respective
allegations made in HMOP.No.7 of 2018 before
the learned Sub Court, Gobichettipalayam,
Erode District.

4.That the parties herein shall not have
any claim with regards to maintenance or other
aspects in any form as against each other for
the past, present and future.

5.That the parties herein have exchanged
all the jewelery both gold and silver and cash
either party shall not have any claim as against
the other.

6.That the parties herein shall not institute
any case or complaint against each other or
their respective parents and their relatives, in
view of the matter between the parties being
settled on this day and in the event of any
complaint being lodged and which has not come
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to the knowledge of the petitioner/husband and
respondent/wife shall withdraw the same,
unconditionally.

7.That there is no coercion or undue
influence in filing this joint compromise memo
between both the parties.

Therefore, it is just and necessary that this
Hon’ble Court may be pleased to pass an order
of divorce dissolving the marriage of the
petitioner/husband and respondent/wife herein
solemnized on 15.09.2014 and pass such other
order/orders as this Hon’ble Court deems fit and
proper under the circumstances of the case.

Dated at Chennai on this the 21st day of
January 2019.

Signed by the parties and the respective
counsels.”

4.In normal circumstances, when the parties have resolved to

have their marriage dissolved mutually, it would be desirable to

direct them to file an application under Section 13(B) of the Hindu

Marriage Act. Nevertheless, it is seen that the petition for divorce

was instituted in the month of January 2018 and both the parties

have been living separately for a considerable time. Though Section
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13(B) of the Hindu Marriage Act bars a divorce from being granted

before the expiry of six months period from the filing of the divorce

petition by mutual consent, the procedure has been liberalized by

the Hon’ble Supreme Court in a decision in Amardeep Singh Vs.

Harveen Kaur reported in 2017 (5) CTC 565. As per the

observations made in the said judgment of the Hon’ble Apex Court,

the object of the six months period was only to safeguard against an

hurried decision and to explore if there was otherwise a possibility

for reconciliation. While observing so, the six months period

contemplated under Section 13(B) of the Hindu Marriage Act was

held only to be directory in nature and not mandatory.

5.Since the parties have been before the learned Sub-ordinate

Judge, Gobichettipalayam for about a year and since they have also

mutually agreed to have their marriage dissolved, no useful purpose

would be served by directing them to file an appropriate application

for mutual consent. In this background, this Court is of the view

that the joint memorandum of compromise can be accepted and the

marriage between the parties also be dissolved.

6.In the light of the foregoing reasonings and by recording the

terms of the Joint Memorandum of Compromise dated 21.01.2019

entered into between the parties, the marriage solemnized on
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15.09.2014 between K.M.Sanjay Kumar, S/o.K.K.Murugaperumal

and M.Suchitra, D/o.G.S.Muruganantham shall stand dissolved in

terms of the Joint Memorandum of Compromise. The Joint

Memorandum of Compromise dated 21.01.2019 shall form part and

parcel of the order. The Civil Revision Petitions are disposed of

accordingly. Consequently, connected Miscellaneous Petition is

closed. No costs.

21.01.2019

Index : Yes

speaking order

DP

To

The Sub Court,
Gobichettipalayam.

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M.S.RAMESH.J,

DP

CRP.(PD).Nos.3583 3586 of 2018
and
C.M.P.Nos.20069 20073 of 2018

21.01.2019

http://www.judis.nic.in

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