Back
2025 Supreme(Mad) 2460
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.RAJASEKAR, JJ.
Arun Hemdev @ Arun V.Hemdev - Appellant
Versus
Neetu R.Lulla @ Megha Hemdev - Respondent
AS.No.589 of 2025
Decided on : 25-04-2025
Advocate Appeared:
For the Appellant : Mr.Himanshu Nagarkar
For the Respondent: Mrs.B.S.Ajeetha
Parties in matrimonial disputes can mutually consent to dissolve their marriage, restoring original divorce decrees, provided the agreement aligns with public policy and legal standards.
Headnote:(A) Hindu Marriage Act - Restoration of divorce decree - Marriage annulled by Family Court in Chennai but subsequently agreed to be dissolved by mutual consent - Parties entered a Memorandum of Understanding to restore the original divorce decree granted by the Dubai Court - The settled nature of parties' agreement demonstrates a prudent resolution of the matrimonial dispute. (Paras 3, 4, 6)
(B) Jurisdiction of Family Courts - Courts must respect the consensual agreements between parties in matrimonial matters, provided such agreements do not contravene public policy. (Para 2)
Facts of the case:
The marriage between the parties was solemnized in 2003, and a daughter was born in 2008. Following misunderstandings, a divorce decree was initially issued in Dubai, later contested in Chennai, but both parties ultimately agreed to restore the Dubai decree through mutual consent.
Findings of Court:
The Court found that the parties' mutual consent to restore the initial divorce decree constituted valid grounds to set aside the earlier Family Court judgment, thereby allowing the appeal.
Issues: The core issue was whether the agreement reached by the parties warranted the restoration of the decree of divorce granted in Dubai.
Ratio Decidendi: The court held that the parties' mutual consent and subsequent agreements are crucial for resolving matrimonial disputes, and the binding nature of their agreement affirmed the validity of the Dubai Court's divorce decree.
Result: Appeal Suit stands allowed. No costs.
| Table of Content |
|---|
| 1. background of marriage and divorce (Para 1 , 2) |
| 2. parties' consent to restore divorce decree (Para 3 , 4) |
| 3. verification of consent by the court (Para 5) |
| 4. setting aside of prior decree in favor of divorce (Para 6) |
JUDGMENT :
S.M.SUBRAMANIAM, J.
The appeal suit has been instituted to assail the judgment and decree passed by the II Additional Family Court, Chennai dated 07.03.2019 in O.S.NO.172 Of 2018.
2. The marriage between the appellant and the respondent was solemnized on 21.05.2003 at 'Grand Sangram Ballroom' J.W.Marriot Hotel, Juhu Jara Road, Juhu, Mumbai as per the Hindu rights and customs and the marriage was registered before the Marriage Registrar on 23.05.2003 at Sub Registrar Office, Mumbai in Sr.No.1881 of 2003. From and out of the wedlock, one female child born on 07.08.2008 and presently aged about 16 years. The minor daughter is now living with the appellant / father. The parties led their matrimonial life at Dubai. On account of misunderstanding between the appellant and the respondent, a matrimonial suit was instituted before the Court at Dubai and a Decree of Divorce was granted. Thereafter, the respondent / wife came to India and settled along with her parents at Chennai. She filed a suit in OS No. 172 of 2018 on the file of the II Additional Family Court, Chennai to annul the judgment and decree passed in Case No. 1633 of 2017, Personal Laws for Muslims Court in Dubai dated 22.01.2018. The II Additional Family Court, Chennai adjudicated the issues and decreed the suit in favour of the respondent / wife. Consequently, the matrimonial relationship between the appellant and the respondent legally restored. However, the parties continued to live separately.
3. On account of efflux of time, both the appellant and the respondent want to settle and lead their life in a peaceful manner. Thus, a consensus arrived between the parties and both the parties have filed their respective affidavits before this Court stating that a consent for restoration of the Decree of Divorce passed in Case No. 1633 of 2017, Personal Laws for Muslims Court in Dubai dated 22.01.2018, so as to give quietus to their matrimonial relationship.
4. In this context, the learned Counsel for the appellant and the respondent jointly made a submission that the parties have agreed to dissolve the marriage by way of consent. In this regard, a Memorandum of Understanding dated 09.12.2024 was entered into between the parties at Dubai, where the husband is permanently residing along with the daughter. The parties have agreed to abide by the terms of Memorandum of Understanding dated 09.12.2024 and they have no claim / complaints against each other. All the complaints earlier lodged were withdrawn. They have further consented to restore the Decree of Dissolution of marriage granted by the Court at Dubai.
5. The appellant appeared before this Court through video conferencing from Dubai. The respondent is physically present before this Court. The Consent between the parties are verified by this Court.
6. In view of the above factum, the Judgment and Decree dated 07.03.2019 passed in O.S.No.172 of 2018 on the file of the II Additional Family Court at Chennai is set aside and the Judgment of Divorce in Case No. 1633 of 2017, Personal Laws for Muslims Court in Dubai dated 22.01.2018 is binding on the parties as per their own Memorandum of Understanding.
In the result, the Appeal Suit stands allowed. No costs.
