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Judgments of Supreme Court of India and High Courts

Rajmohan vs Mrs. Sandhya on 12 September, 2019

CMA.No.1356 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.09.2019

CORAM

The Honourable Mr.JUSTICE K.K.SASIDHARAN

and
The Honourable Mr.JUSTICE ABDUL QUDDHOSE

CMA.Nos.1356 and 2878 of 2019
and
CMP.No.15192 of 2019

Rajmohan …Appellant in both CMAs

Vs.
Mrs. Sandhya .. Respondent in both CMAs

Prayer in both CMAs: Civil Miscellaneous Petitions are filed under
Section 19 of the Family Courts Act praying to allow the above appeals
and set aside the decree and judgment passed by the Principal Family
Court, Chennai in HMOP.Nos.1552 of 2016 and 1407 of 2015
respectively.

For Appellant : Mr. A. Vivekanandhan

For Respondent : Mr. V. Chandrakanthan

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CMA.No.1356 of 2019

COMMONJUDGMENT

(Judgment of the Court was delivered by K.K.SASIDHARAN,J.)

The respondent initiated the proceedings in HMOP.No.1407 of

2015 before the Principal Family Court, Chennai for dissolution of

marriage. The appellant preferred HMOP.No.1552 of 2016 before the

Family Court, Chennai invoking Sectionsection 9 of the Hindu Marriage Act for

restitution of conjugal rights.

2. The learned Principal Judge allowed the Petition in

HMOP.No.1407 of 2015 and dismissed the proceedings in

HMOP.No.1552 of 2016. Feeling aggrieved, the appellant has come up

with these Civil Miscellaneous Appeals.

3. When the Appeal is taken up for hearing today, the learned

counsel for the parties have filed a Memorandum of Compromise dated

12.09.2019.

4. The joint Memorandum of Compromise reads as follows:

Para:

“1. The appellant and respondent states that

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CMA.No.1356 of 2019

they married on 12.04.2012 at Arulmigu Sri

Parthasarathy Temple, Triplicane, Chennai -600 005

according to Hindu Rites and Custom. The said

marriage was registered on 27.08.2012 before the

Registrar of Marriages maintained under the Tamil

Nadu Registration of Marriage Act 2009 at S.R.O,

Triplicane.

2. After the marriage both were lived together

at Ganga Nagar Kodambakkam, Chennai -600 024.

They lived together till 26.07.2014 only. Thereafter

respondent is living with her parents house and the

appellant is living separately. The appellant and

respondent states that out of their wedlock no child

was born to them.

3. There is no compatibility between each

other, hence respondent had filed HMOP.No.1407 of

2015 before the Principal Judge, Family Court,

Chennai against the appellant praying for divorce.

Appellant filed HMOP.No.1552 of 2016 for restitution

of conjugal rights. The Hon’ble Principal Judge,

Family Court, Chennai by a common order dated

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CMA.No.1356 of 2019

12.07.2018 pleased to allow the Divorce Petition filed

by the respondent and dismissed the restitution of

conjugal rights petition filed by the Appellant.

4. Against the said Judgment and Decree the

appellant filed two appeals C.M.A.No.2878 of 2019

against HMOP.No.1407 of 2015 and CMA.No.1356 of

2019 against HMOP.No.1552 of 2016 before the

Hon’ble High Court Madras.

5. On advice of well-wisher the appellant and

respondent on 12.09.2019 entered into a

memorandum of understanding.

6. Accordingly, Appellant and respondent have

exchanged the articles. Both of them withdrew the

allegations made by each other.

7. Accordingly the appellant has also agreed to

withdraw and not press the CMA.No.2878 of 2019

and CMA.No.1356 of 2019 filed by him before the

Hon’ble High Court Madras.

8. There is no further claim against each other

in relating to maintenance, permanent alimony,

return of articles, right of property, etc., past, present

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CMA.No.1356 of 2019

and also in future.

9. Both the Appellant and Respondent

undertake not to make any further claim from each

other and at any point of time.

10. Appellant and respondent submit that they

will not interfere in each other’s life and they will lead

their life separately and independently from the date

of Decree of dissolving the marriage.

11. Appellant and respondent submit that

there is no issue out of this wedlock.

12. In the circumstances, it is prayed that this

Hon’ble Court may be pleased to record this Memo of

Compromise and pleased to grant Decree of Divorce

by dissolving the marriage of the appellant and

respondent solemnized on 12.04.2012 at Arulmigu Sri

Parthasarathy Temple, Triplicane, Chennai -600 005

and registered on 27.08.2012, before the Registrar of

Marriages maintained under the Tamil Nadu

Registration of Marriage Act 2009 at S.R.O, Triplicane

and pass such further or other orders as this Hon’ble

Court may deem it and proper in the circumstances

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CMA.No.1356 of 2019

of the case and thus render justice.”

5. The parties are present in court in person.

6. The parties have confirmed the factum of settlement and the

execution of the Joint Memorandum of Compromise dated 12.09.2019.

7. In view of the compromise arrived at among the parties and

their plea for dissolution of marriage by mutual consent, there shall be

a decree of divorce by dissolution of the marriage of the appellant and

the respondent solemnized on 12.04.2012 at Arulmigu Sri

Parthasarathy Temple, Chennai and registered before the Registrar of

Marriages, Triplicane on 27.08.2012.

8. The Joint Memorandum of Compromise dated 12.09.2019

shall form part of the decree.

9. The Civil Miscellaneous Appeals are disposed of in terms of the

memo of compromise. No costs. Consequently, connected

Miscellaneous Petition is closed.

(K.K.SASIDHARAN, J.) (ABDUL QUDDHOSE, J.)
12.09.2019
Index:Yes / No
mrn

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CMA.No.1356 of 2019

To

Principal Family Court, Chennai

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CMA.No.1356 of 2019

K.K.SASIDHARAN,J.

AND
ABDUL QUDDHOSE,J.

mrn

CMA.Nos.1356 and 2878 of 2019
and
CMP.No.15192 of 2019

12.09.2019

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