Amicable settlements in matrimonial disputes are favored by courts, leading to divorce when both parties consent and waive future claims.

JUDGMENT :

J. NISHA BANU, J.

The petitioner/husband preferred a petition against the respondent/wife in H.M.O.P.No.142 of 2017 before the Family Court, Dharmapuri, under Section 13(1)(i-a)(ib) of the HINDU MARRIAGE ACT , 1955 seeking to grant a decree of divorce, on the ground of adultery, cruelty and desertion.

2. The case of the appellant/petitioner herein is that the marriage between the parties took place about 25 years ago. The appellant/husband was a coolie and was maintaining the family with the income earned through the said job. His wife also went for a job and it is the specific allegation of the appellant that his wife, under the guise of working, refused to perform daily chores in the house and also failed to prepare proper food for the appellant.

3. It is the further allegation of the appellant that the respondent/wife developed illicit relationship with one Raja and often threatened him that she will commit suicide. Even though Panchayat was conducted to settle the dispute between the appellant and the respondent, the same was not fruitful. After two years from the date of marriage, the respondent/wife left the matrimonial home. Thereafter, the appellant came to know that the respondent has given birth to a male child. After which, the appellant performed his second marriage with one Chinnathai and out of the said relationship, he got one male and one female child. After 20 years, the said Chinnathai passed away. From then, the appellant and the respondent are living separately for the past 29 years. Hence, the appellant filed a petition for divorce on the ground of adultery, cruelty and desertion.

4. However, the respondent/wife denied the allegations made by the petitioner/husband and the trial Court, after examining one witness on the side of the petitioner P.W.1 and examining two exhibits Ex.P.1 & Ex.P.2 and three witnesses on the side of the respondent/wife, R.W.1 to R.W.3 and examining 6 exhibits, Ex.R.1 to Ex.R.6, observed that the appellant/husband failed to prove the essential conditions like factum of separation, animus deserendi, absence of consent and absence of conduct giving reasonable cause to desert spouse to leave the matrimonial home and accordingly, dismissed the petition filed by the appellant/husband. Aggrieved against the said order, the appellant preferred the present appeal before this Court.

5. Even though notice was served upon the respondent, when the matter is called, there is no appearance on the side of the respondent/wife. This Court heard the learned counsel for the appellant and perused the materials placed before this Court.

6. Earlier, when the matter came up for hearing on 08.12.2023, this Court has passed the following order:-

“ The learned counsel for the appellant has produced the memorandum of compromise signed by himself, his counsel and the respondent.

2. Despite service of notice, the respondent is not appearing either in person or through counsel duly instructed. We also find that a compromise has been entered into before the Family Court, Dharmapuri in MC.No.9 of 2015, wherein she had appeared before the Family Court and accepted the fact that the husband has settled an extent of 56 cents of land in favour of the respondent and her son. The terms of compromise that was filed before the Family Court have also been produced and they are similar to the ones in the memorandum of compromise that was produced before us.

3. Hence, we direct the Registry to issue notice to the respondent indicating that such a compromise has been filed before