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S.Thomas vs I.Mary Sargunam on 4 March, 2020

O.P.No.42 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2020

CORAM

THE HONOURABLE Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY

O.P.No.42 of 2019

S.Thomas .. Petitioner

Vs

I.Mary Sargunam .. Respondent

Original Petition filed under Sections 24 and 25 of Guardians

and Wards Act, 1890 r/w. Order XXI Rule 2 3 of the Original Side

Rules praying to grant the petitioner exclusive and permanent custody of

his minor child son, Sam Chriswin born on 23.10.2010.

For Petitioner : M/s.M.J.Prabhavathy
For Respondent : Mr.Veerasamy
ORDER

By order dated 28.02.2020, I directed both the parties to be

personally present in Court today in connection with the disposal of the

Original Petition.

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O.P.No.42 of 2019

2. Both the parties are present in court today along with their

respective counsel. On perusal of the Joint Compromise Memo dated

11.12.2019, I find that it has been duly signed by both the parties. As per

the terms of the said Memo of Compromise, the petitioner and the

respondent mutually agreed to live at No.7/12, Balammal Street, Ashoka

Nagar, Arumbakkam, Chennai – 600 106 along with their son, Sam

Chriswin. The petitioner pointed out that the respondent is currently

staying at her parents house. However, the respondent clarified that she

would return to the matrimonial home tomorrow, i.e., on 05.03.2020 and

will continue to live there as per clause-6 (a) of the Joint Compromise

Memo. Clause-6 of the said compromise memo reads as follows:

“6. It is mutually agreed between the
Petitioner and the Respondent herein as per the
terms set out hereunder:-

a) The Petitioner and the Respondent
mutually agree to live at 7/12, Balammal Street,
Ashoka Nagar, Arumbakkam, Chennai 600 106
along with their son Sam Chriswin.

b) The Petitioner undertakes to pay
the school fees for the child from September
2019 as per order dated 19.08.2019 and further

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O.P.No.42 of 2019

undertake to spend for the education of the child.

c) The Petitioner had handed over only
86 Grams of Gold Jewels and the remaining 11
Sovereigns shall be paid by the petitioner
gradually in due course.

d) The Petitioner hereby undertakes
that he shall be solely responsible for all the
loans and debts acquired by him and he shall pay
them promptly without any default.

e) The Petitioner further undertakes
that no one shall call anonymously to the
respondent or her family members and disturb
them with respect to the loans taken by the
Petitioner.”

3. Based on the above, I find that there is no impediment to

dispose of the Original Petition in terms of the Joint Compromise Memo

dated 11.12.2019. Accordingly, the Original Petition No.42 of 2019 is

disposed of in terms of the Joint Compromise Memo dated 11.12.2019,

which shall form an integral part of the order.

04.03.2020
kal

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O.P.No.42 of 2019

SENTHILKUMAR RAMAMOORTHY, J

kal

O.P.No.42 of 2019

04.03.2020

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O.P.No.42 of 2019

The learned counsel for both parties submit that the parties entered into a

Memorandum of Compromise dated 20.01.2020 and request that the

Original Petition may be disposed of in accordance with the said

Memorandum of Compromise.

2. I considered the submissions of the learned counsel and

examined the Memorandum of Compromise.

3. From the said document, it is evident that both the parties and

their respective counsel have signed in the Memorandum of Compromise.

The petitioner is present before this Court. The learned counsel for the

petitioner submits that the petitioner has given up rights over the minor

child who will be taken care of by the mother.

4. The parties have expressly agreed as follows in paragraph-10

of the Memorandum of Compromise:

“10. The party to the first part has filed

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O.P.No.42 of 2019

OS.No.194 of 2019 seeking dissolution of their

marriage under the Dissolution of Muslim

Marriages Act, 1939 and also a petition for

maintenance being M.C.No.450 of 2019 under

Section 125 Cr.P.C. The party to the second part

has filed OS No.187 of 2018 for restitution of

conjugal rights. The said cases are pending

before the Hon’ble Vth Additional Family Court,

Chennai. The Hon’ble Vth Additional Family

Court may dispose of the said cases by way of a

decree recording this memorandum of

compromise.”

It is also submitted that the said cases were disposed of on 20.01.2020 in

accordance with the said Memorandum of Compromise.

SENTHILKUMAR RAMAMOORTHY, J

kal

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O.P.No.42 of 2019

5. Therefore, I find that there is no impediment for disposal of

this original petition in terms of the said Memorandum of Compromise

dated 20.01.2020. Accordingly, the Original Petition No.745 of 2019 is

disposed of in terms of the Memorandum of Compromise dated

20.01.2020 which shall form an integral part of the order. Consequently,

connected miscellaneous applications are closed.

21.01.2020
kal

O.P.No.745 of 2019
O.A.No.868 of 2019 A.No.7461 of 2019

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