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IN THE HIGH COURT OF MADRAS, MADURAI BENCH
P. VELMURUGAN, K.K. RAMAKRISHNAN, JJ.
Kannan @ Kelvin Paul – Appellant
Versus
Selvi Jasmin Suganthi - Respondent
C.M.A(MD)No.17 of 2023
Decided On : 12-08-2024
DIVORCE - JOINT COMPROMISE - The court recognized the Joint Compromise Memo filed by both parties, which indicated their amicable settlement and consent for divorce. The court emphasized the importance of mutual agreement in divorce proceedings, leading to the dissolution of the marriage as per the terms agreed upon by the parties.
Fact of the Case:
The Civil Miscellaneous Appeal was filed against the order of the Family Court regarding a divorce petition. Both parties submitted a Joint Compromise Memo indicating their agreement to dissolve the marriage amicably.
Finding of the Court:
The court found that both parties had voluntarily agreed to the terms of the Joint Compromise Memo, which included the wife's consent for divorce. The court acknowledged the authenticity of the signatures and the mutual understanding of the terms.
Issues: Whether the Joint Compromise Memo submitted by the parties is valid and whether the court should grant the divorce based on this agreement.
Ratio Decidendi: The court held that a Joint Compromise Memo, when duly signed and agreed upon by both parties, is sufficient to grant a divorce, reflecting the parties' mutual consent and understanding.
Result: The court disposed of the Civil Miscellaneous Appeal in accordance with the terms of the Joint Compromise Memo, dissolving the marriage and recording the agreement as part of the decree.
JUDGMENT :
(P. Velmurugan, J.) :
(Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act against the fair and decretal order made in D.O.P.No.296 of 2021, dated 30.09.2022, on the file of Family Court, Thoothukudi.)
This Civil Miscellaneous Appeal is directed against the fair and decretal order made in D.O.P.No.296 of 2021, dated 30.09.2022, on the file of Family Court, Thoothukudi.
2. Heard the learned counsel appearing on either side and perused the materials placed before this Court including the Joint Compromise Memo filed by the parties.
3. Both the parties appeared before this Court in person and they have filed a Joint Compromise Memo before this Court stating that they have reached an amicable settlement between them and they understood the terms of the Joint Compromise Memo, which was reduced into writing, duly signed by them. They have also admitted the signature found in the Joint Compromise Memo as that of them. They have also agreed for the settlement and respondent/wife has also given her consent for divorce, based on the Joint Compromise Memo. The Joint Compromise Memo is recorded.
4. In view of the above, the Civil Miscellaneous Appeal is disposed of in terms of the Joint Compromise Memo. No costs. The marriage solemnized between the appellant and respondent on 05.09.2012 at Holy Ebenezer Church according to Christian rites and custsoms is dissolved by a decree of divorce. The Joint Compromise Memo shall form part and parcel of the decree.
AI
Compromise agreements in divorce cases are valid and can lead to consent divorce if both parties agree voluntarily and without coercion.
Amicable settlements in matrimonial disputes are favored by courts, leading to divorce when both parties consent and waive future claims.
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