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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