Madras High Court
G.Lakshmi vs Al.G.K.Govindan on 27 September, 2021
Author: A.D. Jagadish Chandira
Bench: A.D.Jagadish Chandira
CMSA(MD).Nos.28 and 29 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 27.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
CMSA(MD).Nos. 28 and 29 of 2019
and
CMP(MD) No.5586 of 2019
G.Lakshmi ...Appellant in both petitions
Vs
Al.G.K.Govindan ...Respondent in both petitions
Prayer in CMSA(MD) No.28 of 2019:- This Civil Miscellaneous Second Appeal
has been filed, under Section 28 of the Hindu Marriage Act read with Section
100 of CPC, against the judgement and decree, dated, 29.04.2019 passed in
HMCMA No.3 of 2018 on the file of the learned District Judge, Sivagangai
reversing the fair and decreetal order dated 07.12.2017 passed in HMOP No.8
of 2017 on the file of the Sub Court, Devakottai.
Prayer in CMSA(MD) No.29 of 2019:- This Civil Miscellaneous Second Appeal
has been filed, under Section 28 of the Hindu Marriage Act read with Section
100 of CPC, to set aside the judgement and decree, dated, 29.04.2019 passed
in HMCMA No.4 of 2018 on the file of the learned District Judge, Sivagangai
reversing the fair and decreetal order dated 07.12.2017 passed in HMOP No.
203 of 2015 on the file of the Sub Court, Devakottai.
1/10
https://www.mhc.tn.gov.in/judis
CMSA(MD).Nos.28 and 29 of 2019
(In both petitions)
For Appellant : Mr.K.Sivabalan
For Respondent : Mr.K.Govindarajan
COMMON ORDER
Civil Miscellaneous Second Appeal No. 28 of 2019 has been filed against the judgement and decree, dated, 29.04.2019 passed in HMCMA No.3 of 2018 on the file of the learned District Judge, Sivagangai reversing the fair and decreetal order dated 07.12.2017 passed in HMOP No.8 of 2017 on the file of the Sub Court, Devakottai and Civil Miscellaneous Second Appeal No. 29 of 2019 has been filed against the judgement and decree, dated, 29.04.2019 passed in HMCMA No.3 of 2018 on the file of the learned District Judge, Sivagangai reversing the fair and decreetal order dated 07.12.2017 passed in HMOP No.8 of 2017 on the file of the Sub Court, Devakottai.
2. Appellant/wife had filed HMOP No. 203 of 2015 for the relief of restitution of conjugal rights before the Sub Court, Devakottai and the respondent/husband had filed HMOP No. 8 of 2017 seeking dissolution of marriage which was solemnized between the appellant and the respondent on 06.06.2008. Out of the wedlock, the appellant and the respondent were blessed with a male child on 19.08.2009 by name Dhanan Jaya Kasi.
2/10https://www.mhc.tn.gov.in/judis CMSA(MD).Nos.28 and 29 of 2019
3. Both the cases were tried together and the Sub Court Devakottai vide order dated 07.12.2017 was pleased to dismiss the petition filed by the husband in HMOP No.8 of 2017 for dissolution of marriage and allowed the petition filed by the petitioner/wife in HMOP No.203 of 2015 for restitution of conjugal rights. As against the common order, Appeals in HMCMA Nos.3 and 4 of 2018 were filed before the District Court, Sivagangai and the same were allowed vide order dated 29.04.2019. Against that order the present civil miscellaneous second appelas have been filed by the petitioner/wife. The learned District Judge, Sivagangai while allowing the HMCMA Nos.3 and 4 of 2018 had directed the custody of the child with the respondent/husband . In the meanwhile, when the matter was pending mediation took place in the presence of elders and as per the advise of the elders and well wishers in the family, the parties have entered into a joint memo of compromise and agreed that the custody of the child will be with the mother/appellant and the respondent/husband will have visitation rights.
4. The learned counsel for the respondent would submit that the matter has been compromised between the parties and they have also filed a joint memo of compromise and the joint memo of compromise may be recorded and the appeals may be allowed in terms of joint memo of compromise.
5. The learned counsel for the respondent would submit that pursuant to the joint memo of compromise the entire articles received at the time of 3/10 https://www.mhc.tn.gov.in/judis CMSA(MD).Nos.28 and 29 of 2019 marriage and Rs.26,00,000/- received at the time of marriage was returned.
Apart from that the respondent has also paid a sum of Rs. 5,00,000/- towards future maintenance.
6. The appellant/wife and the respondent/husband were present before this Court and they were identified by their respective counsels. Joint memo of compromise pursued. The joint memo of compromise is extracted here under:
1. The Appellant as Petitioner filed H.M.O.P.No. 203 of 2015 for the relief of Restitution of Conjugal Rights under section 9 of Hindu Marriage Act 1955 before the Sub Court, Devakkottai.
2. The Respondent/Husband filed H.M.O.P.No. 8 of 2017 under section 13(i)(1a) & (1b) and section 26 of Hindu Marriage Act 1955 to dissolve the Marriage solemnized between the Appellant and Respondent on 06.06.2008 and for Custody of Minor Son Dhanan Jaya Kasi, Son of AL.G.K.Govindan born on 19.08.2009 to the Petitioner.
3. The case was tried before the Sub Court Devakkottai and by order dated 12.07.2018. The learned Sub Judge pleased to dismiss H.M.O.P.No. 8 of 2017 filed by Husband Govindan and allowed H.M.O.P.No. 203 of 2015 filed by Wife Lakshmi as against the same two H.M.C.M.A filed by the Husband in H.M.C.M.A.Nos. 3 & 4 of 2018 before the District judge, Sivagangai. The above Appeals were allowed by order dated 29.04.2019.
4. Aggrieved at the order Wife filed C.M.S.A.Nos. 28 & 29 of 2019 before this Hon’ble court.
5. When the matter is pending, mediation was took place in the presence of family elders of both the parties and on the advice of Elders and Mediators, Appellant and Respondent agreed to settle the issue amicably as per the terms set out here under.4/10
https://www.mhc.tn.gov.in/judis CMSA(MD).Nos.28 and 29 of 2019 a.Appellant/Wife and Respondent/Husband Agree and Accept for dissolution of Marriage solemnized on 06.06.2008 at Shri.Maadan Mahal, Vairavan Ambalam Street, Karaikudi - 630001 and from today it is agreed and accepted that the above said Marriage between the Appellant and Respondent stands dissolved. b.The Respondent/Husband Agree and Accept the custody of Minor child Dhanan Jaya Kasi born on 19.08.2009 with the custody of Appellant/Wife. The Appellant agreed for visiting rights of the Respondent/ Husband.
c.The Respondent/Husband Agree and Accept to bear the cost and expenses towards the Education of Minor Dhanan Jaya Kasi. d.The Jewels and Cash given to the Appellant/Wife which is in the custody Respondent/Husband and shown in the schedule here under handed over today in the presence of Mediators and the same was received by the Appellant/Wife. e.The Appellant/Wife Agree and Accept that there is no Jewels or Cash belongs to her available with the Respondent/Husband. f.The Respondent/Husband also Agree and Accept there is no Jewels or Cash belongs to him with the custody of the Appellant/Wife.
g.The Respondent/Husband took a DD for RS.5,00,000(Karur Vysya Bank, Whites Road Branch, DD Sr.No. 012193115790 Dated 23.09.2021 Drawn in the name of the Appellant/Wife towards future maintenance and Appellant/Wife Accept the same. h.The Appellant/Wife agree and accept that she will not claim any more maintenance money from Respondent/Husband in future. i.The Appellant/Wife and Respondent/Husband both Agree and Accept from today they are independent and this compromise was signed without any force or influence.
5/10https://www.mhc.tn.gov.in/judis CMSA(MD).Nos.28 and 29 of 2019 SCHEDULE njhif tpguk;
rPjdk; - & 12>00>000
khkpahUf;F - & 5>00>000
khkpahUf;F gug;Gfpw rhkhd;fSf;fhf - & 1>00>000
%d;W tUl gpd; Kiwf;fhf - & 2>00>000
khg;gps;is rhkhd;fSf;fhf - & 1>00>000
nts;sp rhkhd; ,y;yhky; kw;w rhkhd;fSf;fhf - & 5>00>000
------------------------------------
nkhj;jk; & 26>00>000
---------------------------------- Karur Vysya Bank, Whites Road Branch, DD Sr. No. 012193115789, Dated 23.09.2021 for Rs.26,00,000/- Drawn in the name of G.Lakshmi nts;sp rhkhd;
No SUBJECT QTY WEIGH
T(GRA
M)
1 Fj;Jtpsf;F 2 1.520
2 tpsf;Fr;rl;b cUg;gb 3 0.931
3 jpUr;R+h; tpsf;F 2 0.655
4 jpUg;G+l;L jl;L 1 1.570
5 ngl;b tpsf;F 1 1.530
6 nts;spf;flfk; 1 0.782
7 gd;dPh; nrk;G 1 0.420
8 Njq;fha; rl;b 1 0.507
9 fuf nrk;G 1 0.184
10 nts;spg;G+q;Fliy 1 0.783
11 nts;spf;Flk; 1 0.752
12 fk;Nghr jl;L 1 0.528
13 nts;sp mLf;F cUg;gb 5 1.050
14 ghy; ghid %bAld; 2 1.171
15 epiwehop 1 0.186
16 khtpsf;F rl;b 1 0.274
17 nfhg;gpj;jl;L 1 0.105
18 VL vOj;jhzp 1 0.029
19 gps;isahh; Nehd;G mLf;F 5 0.287
cUg;gb
20 rlq;F jl;L cUg;gb 8 0.317
6/10
https://www.mhc.tn.gov.in/judis CMSA(MD).Nos.28 and 29 of 2019 21 lk;sh; jl;L 1 0.493 22 nts;sp lk;sh; 5 0.563 23 ntw;wpiy jl;L 1 0.495 24 ghf;F lg;gh %bAld; 4 0.890 cUg;gb 25 fuz;b 2 0.242 26 nea; fpz;zk; %bAld; 3 0.119 cUg;gb 27 fpz;zk; 1 0.077 28 khl tpsf;F 2 0.102 29 fj;jphpf;fha; 1 0.055 30 Flf;Fwpr;rp gps;isahh; 2 0.181 cUg;gb 31 kpl;lha; jl;L 1 0.695 32 re;jd Ngio 1 0.212 33 Fok; thOk; gps;is 1 0.040 34 fpspf;fp 1 0.198 35 jhsk; 1 0.044 36 nts;sp nfhl;lhd; 1 0.220 37 nts;sp gpbj;j rq;F 1 0.643 38 cyf;if ];G+d; 2 0.100 39 Fotp 1 0.121 40 rhg;gpLu jl;L Xty; 2 0.598 fpz;zpAld;
41 nesp jl;L fpz;zpAld; 2 0.403 42 ghy; rq;F 1 0.029 43 fuf nrk;G 1 0.184 44 fg; mz;l; rhrh; 3 0.119 45 nea; fpz;zk; %bAld; ];G 3 0.061 +d;
46 fpz;zk; 1 0.075 47 tpGjp jhk;ghsk; 1 0.114 48 nfd;b nrk;G 1 0.064 49 nfd;b nrk;G %bAld; 2 0.114 50 gTd; lg;gh 3 0.217 51 Fj;Jtpsf;F 1 0.717 52 rpd;d Fj;Jtpsf;F 1 0.174 53 kpl;lha; ];lhz;l; 1 0.725 54 ghy; nrk;G 1 0.318 55 flfk; 1 0.997 56 Njq;fha; kuit 1 0.775 57 fk;Nghr jl;L 1 0.286 58 nfhg;gp jl;L 1 0.143 59 cyf;F 1 0.099 60 tpG+jp kly; 1 0.105 61 Fok; thOk; gps;is 1 0.033 7/10 https://www.mhc.tn.gov.in/judis CMSA(MD).Nos.28 and 29 of 2019 62 Njq;fha; kuit 1 0.401 63 nts;spg;G+q;Fliy rpwpaJ 2 1.108 nghpaJ 64 Nghl;L ];lhz;l; 1 0.613 nkhj;jk; 108 NO SUBJECT QTY WEIGHT(GRAM) 1 jl;L 1 0.86 2 fpYfpYg;ig 1 0.11 3 ghy; rq;F 1; 0.15 4 ];G+d; 1 0.13 5 jhsk; 1 0.62 NO SUBJECT WEIGHT(GRAM) 1 nky;ypa rq;fpyp 11.63 2 nghpa rq;fpyp(yl;Rkp) 45.05 3 nky;ypa rq;fpyp (lhyh;mw;w) 10.78 4 kzp rq;fpyp ;23.82 5 rpwpa Nkhjpuk; 1.53 6 fOj;jPh; fapWld; 175.91 7 %Z [ij tisay;fs; 75.45 8 itu fk;ky; rpwpaJ 5.44 9 itu fk;ky; nghpaJ 6.37 10 itu rq;fpyp jhyp rq;fpyp 117.20 11 itu nef;y]; 70.72 12 itu tisay;fs; 49.16 13 itu Nkhjpuk; 16fy; 13.13 14 itu Nkhjpuk; 8 fy; 5.00 15 Nkhjpuk;(G) 5.04 16 Nkhjpuk;(L) 3.03 17 itu Nkhjpuk; 12 fy; 6.98 18 Nkhjpuk; 8.23 8/10 https://www.mhc.tn.gov.in/judis CMSA(MD).Nos.28 and 29 of 2019 Apart from the above items the Appellant received 13 sovereigns gold ornaments of the son from the Respondent. Further all the educational certificates of the Appellant also received today".
7. In view of the memo of compromise, the appeals stand allowed and the order dated 29.04.2019 in HMCMA No.3 of 2018 stand confirmed and order in respect of custody of minor child in HMCMA No.4 of 2018 stands modified. The custody of the child will be with the mother/appellant and the respondent/father will have visitation rights. No costs. Consequently connected miscellaneous petition is closed.
27.09.2021 Index:Yes/No Web:Yes/No Speaking/Non Speaking aav To
1. The District Judge, Sivagangai
2. The Sub Court, Devakottai.
3. The Record Keeper VR Section, Madurai Bench of Madras High Court Madurai.
9/10https://www.mhc.tn.gov.in/judis CMSA(MD).Nos.28 and 29 of 2019 A.D. JAGADISH CHANDIRA J.
aav CMSA(MD).Nos. 28 and 29 of 2019 and CMP(MD) No.5586 of 2019 27.09.2021 10/10 https://www.mhc.tn.gov.in/judis