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2021 Supreme(Mad) 2426

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T. Raja, D. Bharatha Chakravarthy, JJ.
S. Varalakshmi – Appellant
Versus
G. Srinivasan – Respondent
C.M.A. No. 2553 of 2019
Decided On : 09-11-2021

Advocates:
Advocate Appeared:
For the Appellant :C. Kanagaraj, Advocate.

Headnote:

Family Court Act, 1984 - Section 19 - Joint compromise memo filed by both parties - Appellant filing a Joint Compromise Memo stated that both parties have resolved to dissolve marriage that took place between them as per specific terms and conditions mentioned in Joint Compromise Memo – Held, both parties have agreed for dissolution of marriage that was solemnised between them as per terms and conditions mentioned in Joint Compromise Memo signed by both parties and both Counsels, recording same, court declare that marriage of appellant and respondent is dissolved - Joint Memo of Compromise shall form part of record - Civil Miscellaneous Appeal disposed of

JUDGMENT :

T. Raja, J.

(Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family Court Act, 1984, against the Fair and decreetal order dated 22.01.2018, directing the respondent to pay a sum of Rs.15,000/- to the appellant and her son as interim maintenance from the date of filing the petition in I.A.No.1891/2016 in O.P.No.4674/2015 i.e. 3.8.2016 passed by the VII Additional Judge, Family Court, Chennai.)

1. This Civil Miscellaneous Appeal has been directed against the fair and decreetal order dated 22.01.2018 passed in I.A.No.1891/2016 in O.P.No.4674/2015 in and by which the learned VII Additional Judge, Family Court, Chennai, directed the respondent-husband to pay a sum of Rs.15,000/- to the appellant-wife and her son as interim maintenance from the date of filing the said petition i.e. 3.8.2016.

2. To-day both parties, namely, appellant-wife Varalakshmi and the respondent-husband G.Srinivasan appeared through the virtual mode.

3. Learned Counsel appearing for the appellant filing a Joint Compromise Memo dated 22.10.2021 stated that both the parties have resolved to dissolve the marriage that took place between them as per the specific terms and conditions mentioned in the Joint Compromise Memo. Recording the same, the present Civil Miscellaneous Appeal may be disposed of.

4. We have also heard the parties through virtual mode.

5. In this regard it is pertinent to extract the Joint Memo of Compromise here under:

''JOINT COMPROMISE MEMO FILED BY BOTH THE PARTIES

We both parties hereby agree to settle to end our matrimonial and state As follows:

1. The Respondent in H.M.O.P.No.4674 of 2015 is the husband of the Petitioner in the above said H.M.O.P.

2. The Petitioner married the Respondent on 31.08.2006 which was an arranged marriage and the same was held at Vidhyabarathi Marriage Hall at Mylapore, Chennai.

3. The Respondent who is working in I.T.Company in MPHASIS a HP Company as a Team Leader. Mean while, misunderstanding occurred continuously between the husband and the wife. In spite of the misunderstanding, out of happy married life with a lot of differences, the Petitioner gave birth to a male child whose name is “John Joseph” born in 29.01.2008. Presently the child is with the Petitioner who is taking Care of him from his childhood. The child is studying 9th standard from the Petitioner separated rental house.

4. The Petitioner was having the custody of the alleged certificates of the Respondent. There is an interim maintenance award in I.A.No.1891/2016 in O.P.No.4674 of 2015 a sum of Rs.15,000/- to be paid a every month from the date of the filing of the above said H.M.O.P. petition dated 03.08.2016. As of now, the total amount is a sum of Rs.9,00,000/- as on date. Apart from this afore mentioned issues, the Petitioner is claiming a permanent alimony from the Respondent for a sum of Rs.60,00,000/-. Hence, the Petitioner filed the above said CRP against the lesser amount of interim maintenance award and the surrender of original documents of the Respondent. During the period of the final hearing of the above said CRP, both the parties agree to settle the issue amicably on their own with the help of elders by free and fair manner without any coercion as follows:

(i) The Respondent will register half of the property in the name of Varalakshmi and other half in the name of minor son with mother as guardian on the date of Signing MOU. The property shall be henceforth owned by both mother Varalakshmi, minor son John Joseph with the Petitioner as the guardian. The property is a vacant house site situated at Mangadu Village bearing plot No.A 6 in Sri Amman Nagar, CMDA Approved layout planning permit No.79/2009 Vide letter No.429/2009, dated 11.09.2009 comprised in survey No.482/2A2B3 at Mangadu Village Sriperumpudur Taluk, Kancheepuram District to an extent of 1053 sq.ft. which was registered as a document No.2457/2010 dated 11.03.2010 at the Sub Registrar Office at Kundrathur and the same is given for the welfare of the Petit

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