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S.Sivaraman vs Kalaivani on 26 November, 2019

CMA(MD)No.714 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 26.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

CMA(MD)No.714 of 2019
and
CMP(MD)No.8959 of 2019

S.Sivaraman … Appellant

versus

Kalaivani … Respondent

Civil Miscellaneous Appeal filed under Section 47 of the Guardian and
SectionWards Act, against the order dated 26.08.2019 in G.W.O.P.No.28 of 2016 on the
file of the learned Principal District Judge, Theni.

For Appellant : Mr.A.V.Arun
for M/s.R.Venkateswaran
For Respondent : Mrs.Porkodi Karnan
for M/s.Polax Law Solution

JUDGMENT

The appellant is the husband of the respondent herein. He filed GWOP

No.28 of 2016 before the learned Principal District Judge, Theni, seeking to declare

him as legal guardian of his minor child Yalisai and also for custody of the child.

The Court below, by an order dated 26.08.2019, dismissed the said petition.

Aggrieved over the same, the present Civil Miscellaneous Appeal has been filed.

2. Today, when the matter is taken up for consideration, the learned

counsel appearing for the appellant and the learned counsel appearing for the
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CMA(MD)No.714 of 2019

respondent submitted that both the parties have arrived at settlement in the

following terms and conditions, for which, a joint compromise memo is also filed

before this Court:

“Joint Compromise memo filed by appellant/petitioner and
respondent/respondent
The subject matter is relating to the custody of the minor child
Yazhisai. The father of the child is the appellant/petitioner and the
mother is the respondent/respondent herein. In view of welfare of the
child, the parents have agreed to the following terms and conditions:

(i) The appellant identified a house for rent for the convenient
living of the respondent at Theni town with the child and the respondent
visited and accepted the same bearing Door No.4/1, Ward No.18,
Bakthavachallam Street, Samadharmapuram, Theni. The appellant shall
pay the monthly rent of the house and the electricity charge besides
paying the advance amount for hiring the house. The child is studying
at Theni while the mother of the child is a resident at Kombai which is a
very far away place from Theni and thereby, the present arrangements
are being made taking note of the welfare of the child.

(ii) The child’s education and medical expenses would be
borne by the appellant.

(iii) The respondent is working in R.R.International School,
Cumbam and she has to get her school bus at Theni point by around
7.15 to 7.30 a.m. and she would return from her school by the school
bus around 6.30 to 7.00 p.m. Whereas, the school time of the child is
from 9.15 a.m. to 4.15 p.m. The appellant is ready to have the child from
morning to evening and provide the breakfast and lunch to the child while
the night dinner the respondent will provide. The respondent will drop
the child at appellant’s house in the morning when she goes to school
and take the child in the evening when she returns from the school.

4. The respondent can participate in the child’s parents
meeting and school function.

5. The appellant will have the custody of the child for two
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CMA(MD)No.714 of 2019

nights in the working days namely on Tuesday and Thursday of a week.
On these two days, the respondent will have the child in the evening for
an hour after the respondent returning from the school for the purpose of
doing the home work of the day.

6. The appellant and respondent will have the custody of the
child a whole day on alternative Sundays of a month.

7. Both the appellant and respondent will have the custody of
the child sharing equally during holidays such as annually. During
annual holidays, they would have the child on alternative week.

8. The appellant will have child with him for three days (Friday
to Sunday) in a year to worship his family deity at Kulathoor, Thoothukudi
district taking place in the Tamil month of Masi.

9. Both the appellant and respondent can have the child if
there is any contingency takes place such as close blood relative
marriage or condolence for maximum three occasions in a year.

10. This joint compromise memo between the appellant and
respondent will not stand in the way of their pending litigations that of the
divorce and restitution of conjugal rights.

3. The joint compromise memo is recorded and accordingly, as per the

terms of joint compromise memo, the Civil Miscellaneous Appeal is disposed of.

The Joint Compromise Memo shall form part of the decree. The terms and

conditions of the joint compromise memo shall take effect from 01.12.2019. No

costs. Consequently, connected miscellaneous petition is closed.

26.11.2019
ogy

Note: The Registry is directed to issue order
copy on or before 29.11.2019

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CMA(MD)No.714 of 2019

KRISHNAN RAMASAMY, J.

ogy

To

1. The learned Principal District Judge,
Theni.

CMA(MD)No.714 of 2019

26.11.2019

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