MADRAS HIGH COURT
K SUGANTHANI – Appellant
Versus
P KIRUBAKARAN – Respondent
CIVIL MISC. APPEAL 389/2016
IN THE HIGH COURT OF JUDICATE AT MADRAS
DATE : 11.04.2018
CORUM
THE HON'BLE MR.JUSTICE R.SUBBIAH
and
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
C.M.A.No.389 of 2016
and
C.M.P.No.2908 of 2016
K.sunganthani
... Appellant/Respondent
Vs.
P.Kirubakaran
... Respondent/Petitioner
Civil Miscellaneous Appeal has been filed under Section 19
of the Family Courts Act against the decree and judgment dated
10.08.2015 in O.P.No.1786 of 2011 passed by the I Additional
Principal Judge Family Court at Chennai.
For Appellant
: Mr.S.Vasudevan
For Respondent : Mr.P.Saravanan
JUDGMENT
(Judgment of the Court was delivered by R.SUBBIAH, J.,)
This appeal has been filed by the appellant/wife as against
the judgment and decree dated 10.08.2015 in O.P.No.1786 of 2011
passed by the I Additional Family Court at Chennai, allowing the
petition filed by the respondent/husband for dissolving the
marriage under Section 10(x) of Indian Divorce Act.
2.Pending the appeal, this matter was referred to the
Mediation and Conciliation Center of this Court. In the
Mediation Centre, the parties have arrived at an amicable
compromise. The appellant/wife has agreed for the dissolution
of marriage, subject to the terms and conditions in the
compromise memo entered into between them before the Mediation
Centre.
3.The joint memorandum of compromise dated 29.11.2017 has
been filed before this Court and the same is recorded. The terms
and conditions of the compromise memo entered between them read
as follows:-
https://hcservices.ecourts.gov.in/hcservices/
“1.Respondent/Husband agreed to pay a sum
of Rs.5,00,000/- (Rupees Five Lakhs Only) vide
(1)Axis Bank dated 07.12.2017, Rs.2,00,000/-
(2) Axis Bank dated 28.02.2018, Rs.3,00,000/-
towards permanent alimony to the 1st
appellant/wife and the appellant agrees for
the same.
2.The appellant has agreed to withdraw
all complaints against the respondent which
was given before H.V.F. Avadi and also she
will not give any complaints against the
respondents in H.V.F. Avadi.
Both parties agreed that they have no
other claims against each.”
4.In view of the above joint memorandum of compromise filed
by the parties, the Civil Miscellaneous Appeal is dismissed,
confirming the impugned order dated 10.08.2015 in O.P.No.1786 of
2011 passed by the I Additional Family Court at Chennai, and the
marriage that took place between the appellant and the
respondent on 17.08.2006 is dissolved. The Joint Memorandum of
Compromise shall form part of this Judgment. Consequently,
connected Miscellaneous Petition is closed. No costs.
Enter into Joint Memo Compramise Dated 29/11/2017.
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
ssv
To,
1.The Judge, I Additional Principal Family Court,Chennai.
2.The Section Officer/Record Keeper,
V.R.Section,
High Court Madras.
+1cc to Mr.P.Saravanan, Advocate, S.R.No.26836
C.M.A.No.389 of 2016 &
C.M.P.No.2908 of 2016
NRJK(CO)
RRK(19/04/2018)
https://hcservices.ecourts.gov.in/hcservices/