PRAYER: Appeals filed under Section 19 of the Family Courts Act, 1984 against the fair and executable orders dated 30.06.2008 passed in H.M.O.P.Nos.82 of 1998 and 184 of 2004 by the Family Court, Madurai.
Both the Appeals have been filed against the fair and executable common orders dated 30.06.2008 passed in H.M.O.P.Nos.82 of 1998 and 184 of 2004 by the Family Court, Madurai.
2. By consent, both the Civil Miscellaneous Appeals are taken up for final disposal.
3.1. The short facts leading to filing of both the civil miscellaneous appeals are as follows:-
3.2. The appellant herein is the husband and the respondent is the wife of the appellant herein. The marriage between the appellant and the respondent was solemnised on 15/09/1996 at Madurai. Due to the wedlock, a male child was born to them. They named him as 'Aswin'. Subsequently, on and from 03/01/1998, due to the misunderstanding between the appellant and the respondent, they are living separately. In the meanwhile, the appellant filed a petition for divorce on 25/08/1998 in H.M.O.P.No.82 of 1998 on the file of the Family Court, Madurai. Similarly, the respondent filed a petition for restitution of conjugal rights on 13.11.2003 in H.M.O.P.No.184 of 2004 on the file of the Family Court, Madurai. Both petitions were jointly tried and common judgment was passed on 30/06/2008. The Family Court, Madurai dismissed the divorce petition filed by the appellant and allowed the petition for restitution of conjugal rights filed by the respondent. So, the appellant herein filed two Civil Miscellaneous Appeals in C.M.A.(MD) Nos.1309 of 2008 and C.M.A.(MD)No.1310 of 2008 before this Court challenging the common judgement and decrees dated 30/06/2008 passed in H.M.O.P.No.82 of 1998 and H.M.O.P.No.184 of 2004 on the file of the Family Court, Madurai.
3.3. In the meanwhile, the respondent and her son, Aswin filed a Maintenance Case in M.C.No.81 of 2008 before the Family Court, Madurai praying for an order of maintenance from the appellant. The Family Court, Madurai passed an order granting maintenance for the respondent at the rate of Rs.2,000/- per month and for her son, Aswin at the rate of Rs.1,500/- per month. Subsequently, the respondent and her son had filed several applications for enhancement of the maintenance amount payable by the appellant and presently the Family Court, Madurai had directed the appellant to pay a sum of Rs.6,000/- per month to the respondent and a sum of Rs.4,000/- per month to her son, Aswin. The appellant had been making periodically payments towards the maintenance payable by him.
3.4. While the matter stood thus, on 17.06.2017, when the appeals were taken up for consideration, both the parties appeared along with their respective counsel. The appellant submitted that he was ready and willing to settle the matter by paying a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) to the respondent.
3.5. Accordingly, today, both the parties have filed a compromise memo duly signed by the parties along with their respective counsel. The parties and their respective counsel were present before us. Since the said memo of compromise is the basis for arriving at an amicable settlement between the parties, the relevant portion is usefully extracted below:-
1.The respondent agrees that the Civil Miscellaneous Appeals in C.M.A.(MD)No. 1309 of 2008 and C.M.A.(MD)No.1310 of 2008 shall stand allowed.
2.The respondent hereby agrees that the common judgment and decrees passed in H.M.O.P. No.82 of 1998 and H.M.O.P. No. 184 of 2004 on the file of the Family Court, Madurai dated 30/06/2008 shall stand set aside.
3.The respondent hereby agrees that the divorce petition in H.M.O.P.No.82 of 1998 on the file of the Family Court, Madurai filed by the appellant shall stand allowed.
4.The respondent hereby agrees that the marriage solemnised between the appellant and respondent on 15/09/1996 shall stand dissolved by a decree of divorce.
5.The respondent hereby agrees that the petition for restitution of conjugal rights in H.M.O.P.No.184 of 2004 on the file of Family Court, Madurai filed by the respondent shall stand dismissed.
6.The appellant has today paid a sum of Rs. 10,00,000/- (Rupees Ten Lakhs only) to the respondent in token of arriving at the settlement between the parties. The appellant has handed over to the respondent today a demand draft drawn in favour of the respondent dated 07/02/2017 bearing No. 503370 drawn on State Bank of India, Dindigul Branch for a sum of Rs.5,50,000/- (Rupees Five Lakhs and Fifty Thousand only) and another demand draft drawn in favour of the Canara Bank, Gnanavolivupuram Branch, Madurai for a sum of Rs.4,50,000/- (Rupees Four Lakhs Fifty Thousand only).
7.The respondent hereby gives up their right to claim maintenance from the appellant.
8.The son of the respondent, Aswin had already attained majority and hence, he does not have any right of maintenance as per the order of the Family Court, Madurai in the Maintenance Case in M.C.No.81 of 2008.
9.The respondent hereby agrees that she had received the sum of Rs. 10,00,000/- (Rupees Ten Lakhs only) from the appellant through the two above mentioned demand drafts in full and final settlement of her life time maintenance and alimony. She has no further claim whatsoever hereafter against the appellant either towards maintenance or towards any other property right?
4. Recording the said compromise memo, both the Civil Miscellaneous Appeals are allowed as prayed for by setting aside the order of dismissal of divorce petition made in H.M.O.P.No.82 of 1998 filed on the file of the Family Court, Madurai by dissolving the marriage that took place between this appellant and the respondent held on 15.09.1996. Consequently, the decree of restitution of conjugal rights granted in favour of the respondent in H.M.O.P.No.184 of 2004 on the file of the Family Court, Madurai is also set aside. The compromise memo filed by the parties shall form part of the record. No costs.
To (1)The Family Court, Madurai.
(ii)The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai..