IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.06.2017 CORAM:
THE HONOURABLE MR. JUSTICE R. SUBBIAH and THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU Civil Miscellaneous Appeal No. 739 of 2016 ---
Shanmugavel alias R. Prasad .. Appellant Versus L.K. Nagalakshmi .. Respondent Appeal filed under Section 19 of the Family Courts Act, 1984 against the Judgment and Order dated 27.08.2015 passed in HMOP No. 81 of 2014 on the file of Family Court, Tiruvallur.
For Appellant : Mr. S. Yuvaraj For Respondent : Mr. M.R. Senthil Kumar
JUDGMENT (JUDGMENT OF THE COURT WAS DELIVERED BY R. SUBBIAH, J)
The appellant herein has filed HMOP No. 81 of 2014 before the Family Court, Tiruvallur under Section 13 (1) (1-a) of The Hindu Marriage Act for dissolution of the marriage solemnised between him and the respondent 04.02.2010 on the ground of cruelty. The Original Petition was contested by the respondent by filing a counter affidavit.
2. Before the Family Court, Thiruvallur, the appellant examined himself as PW1 along with two other witnesses as Pws 2 and 3 and marked Exs. P1 to P3. http://www.judis.nicO.inn the side of the respondent, the respondent examined herself as RW1 along with another witness as RW2 but no document was marked. The Family Court, Tiruvallur, upon consideration of the oral and documentary evidence, dismissed the Original Petition and refused to grant a decree for divorce. Aggrieved by the same, the appellant is before this Court with this appeal.
3. When the appeal was taken up for hearing on 27.04.2017, having regard to the nature of dispute between the parties, this Court referred the matter to The Tamil Nadu Mediation and Conciliation Centre attached to this Court to explore the possibility of an amicable settlement between the parties. Before the Centre, the parties have settled their dispute and it was also reduced into writing in the form of a Memorandum of Understanding.
4. Today, when the appeal is taken up for hearing, the learned counsel for both sides submitted that the dispute between the parties has been settled. The Memorandum of Compromise entered into between the appellant and the respondent, duly signed by them along with their counsel, is produced before this Court. The Memorandum of Understanding reads as under:-
http://www.judis.nic.in “In consideration of the fact that the parties are not living together for the past 7 ½ years and agrees for dissolution of marriage between the parties taken place at I.R.N. Thirumana Mandapam on 04.02.2010, parties hereto with consent and acknowledgment of their respective families, the First Party shall pay a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs Only) by way of Demand Draft No.088563 dated 28.06.2017 drawn on State Bank of India, Thiruvallur for Rs.15,00,000/- (Rupees Fifteen Lakhs Only) to the Second Party in full and final settlement of the claims and/or the demands whatsoever or howsoever.
The First Party has received from the Second Party and Second Party has also received from the First Party all the ornaments, jewellery, valuable articles received from each other at the time of marriage and thereafter.
In consideration of the Agreement, Payment and covenant for the dissolution of the marriage as aforesaid, the First Party hereby agrees to withdraw all the allegations against the Second Party mentioned by him in his petition, both the parties hereto covenant and undertake to report jointly before the Honourable High Court for dissolution of marriage. The demand draft will be handed over to the Second Party before the Hon'ble High Court at the time of hearing.
The Second Party undertakes to withdraw the M.C. No. 240 of 2011 filed by her from the file of II Additional Family Court, Chennai on execution of this Memorandum of Understanding.
The Second Party hereto covenants to withdraw all the proceedings if any, Claims, demands, allegations, complaints, whatsoever filed before any authority or authorities or Court of Law or legal forum.
The parties hereto further covenant not to make any future claim, will not interfere in each other's life any more or make any demand henceforth against each other whatsoever.”
5. It is evident from the terms and conditions incorporated in the Memorandum of Understanding that the appellant and the respondent are living separately for more than 7 ½ years and such a long separation satisfy the requirement to grant a decree of divorce in their favour. Accordingly, the Judgment and Order dated 27.08.2015 passed in HMOP No. 81 of 2014 on the file of Family Court, Tiruvallur is set aside. HMOP No. 81 of 2014 filed by the appellant is allowed dissolving the marriage solemnised between the appellant and the respondent on 04.02.2010. Consequently, the Civil Miscellaneous Appeal is allowed in terms of the Memorandum of Compromise entered into between the appellant and the respondent. No costs. The Memorandum of Compromise shall form part of the records.
(R.P.S.J.,) (P.D.A.J.,) 29-06-2017 rsh http://www.judis.nic.in Speaking / Non-speaking Order To The Presiding Officer Family Court, Thiruvallur
R. SUBBIAH, J
and
P.D. AUDIKESAVALU, J
rsh CMA No. 739 of 2016 29-06-2017 http://www.judis.nic.in