Madras High Court
S. Sureshkumar vs Jayabharathi on 23 October, 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.10.2025
CORAM
THE HONOURABLE MRS JUSTICE R. KALAIMATHI
CMSA.No.11 of 2025 &
CMP.No.8739 of 2025
S. Sureshkumar ... Appellant
Vs.
Jayabharathi ...
Respondent
Prayer: Civil Miscellaneous Appeal filed under section 100 of CPC, r/w.
U/s.28 of the Hindu Marriage Act against the judgment and decree passed in
CMA.No.07 of 2021, dated 02.04.2024 on the file of Principal District Judge,
Tiruppur against the fair and decreetal order dated 22.01.2021 passed in
HMOP.No.17 of 2020 on the file of the Subordinate Court, Palladam and
praying to set aside the same.
For Appellant : Mr.G.Saravanakumar
For Respondent : Mr.K. Prabhakaran
JUDGMENT
The appellant has filed the Civil Miscellaneous Second Appeal challenging the judgment and decree passed in CMA.No.07 of 2021, dated 02.04.2024 on the file of Principal District Judge, Tiruppur against the fair and Page 1 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/11/2025 04:30:47 pm ) decreetal order dated 22.01.2021 passed in HMOP.No.17 of 2020 on the file of the Subordinate Court, Palladam and praying to set aside the same.
2. Today, the appellant/husband and respondent/wife are present along with their respective counsels.
3. Heard the learned counsels for the appellant as well as respondent.
4. Originally, the appellant/husband filed HMOP.No.17 of 2020 before the Subordinate Court, Palladam under section13(1)(ia) of the Hindu Marriage Act for grant of divorce on the ground of cruelty. The matrimonial court dismissed the HMOP. Aggrieved over the same, the appellant/husband preferred an appeal in CMA.No.7 of 2021 before the Principal District Judge, Thiruppur and the appeal was also dismissed. Challenging the same, the appellant preferred the present CMSA before this Court.
5. On 04.09.2025, when the matter was taken up for hearing before this Court, on consent of both parties, the matter was referred to Tamil Nadu Mediation and Conciliation Centre attached to this court for mediation, wherein, the matter has been settled between the parties and to that effect, a Joint Compromise Memo has also been entered between the parties on 08.10.2025.The Joint Compromise Memo dated 08.10.2025 is hereby taken Page 2 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/11/2025 04:30:47 pm ) on record.
6. The terms of Joint Compromise Memo is extracted hereunder:
JOINT COMPROMISE MEMO 'This Joint Compromise Memo is entered at Chennai on this the 8th day of October 2025, between SureshkuMar, S/o.K.N.Sivalingam, residing at No.1D, Ambigai Nagar, Gobichettipalayam, Erode District 638476 hereinafter called as appellant and Jayabharathi, wife of Sureshkumar, No.3/480, Nachipalayam Road, Koduvai South Annasipalayam Palladam Taluk, Tirupur District herein after called as Respondent.
1. Whereas the appellant and the respondent are husband and wife. Their marriage was solemnised on 16.05.2016 at Gobichettipalayam in accordance with Hindu rites and customs. Due to irreconcilable differences, the appellant has filed a petition seeking for divorce on the ground of cruelty and the same was numbered in HMOP.No.17/2020 on the file of Subordinate Judge, Gopichettypalayam and the same was dismissed on 28.02.2020 and as against which, the appellant filed an appeal in CMA.No.7/2021 on the file of he Principal District Judge, Tirupur and the same was dismissed on by virtue of an order dated 02.04.2024.
As against which, the appellant has filed this present civil miscellaneous second appeal.
2. Whereas, pending the aforesaid CMSA, the appellant and the respondent have amicably settled their matrimonial Page 3 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/11/2025 04:30:47 pm ) dispute and they agreed to give divorce to each other and settled all the legal dispute initiated as against each other with the following conditions:-
a. The respondent/wife in CMSA is agreed to give divorce by consent and the petitioner/husband has agreed to pay a sum of Rs.23,00,000/- (Rupees twenty three lakhs only) by way of Demand Draft baring No.502945 drawn on 07.10.2025 and Two Lakhs Rupees by Cash as permanent alimony of full and final settlement.
b. The respondent/wife agreed to withdraw the DVC No.1 of 2019 on the file of Subordinate Judge, Palladam and M.C.No.14/2024 on the file of the Judicial Magistrate, Palladam. The appellant and the respondent are agreed to withdraw all the allegation mentioned as against each other in the respective cases.
c. The appellant and respondent declare and undertake that they will not file any case or cases against each other in future before any court of law or forum and they and their respective families will not harass each other in any manner at any point of time.
d. The appellant and respondent have agreed to present this joint compromise memo duly signed by themselves before the Hon'ble High Court of Madras in CMSA.No.11/2025 as a proof of their settlement.
e. The appellant and respondent have agreed to list the CMSA pending before the Hon'ble High Court of Madras and shall request to take this compromise memo and treat the same a a case of divorce by consent and based on this joint Page 4 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/11/2025 04:30:47 pm ) compromise memo, the appellant and respondent are willing to enter the settlement agreement.
f. The appellant and respondent mutually agree and admit that their respective jewels are with them, therefore there is no further mutual claim of jewels by themselves. g. The appellant and the respondent mutually agree that their respective articles have been already exchanged and therefore there is no further mutual claim of articles by both the parties.
h. The appellant and respondent agreed that they will not claim any right or title over the immovable or movable properties belonging as against each other either in present or future.
i. The appellant and respondent agreed that they will not interfere in the day-to-day life of each other in any manner in the future.
j. The appellant and the respondent is mutually agreed that they are at liberty to marry at their choice and no party will interfere in other party's marriage or matrimonial life. k. The appellant and the respondent declare that there is no pending disputes against each other pertaining to Gold, Silver, Household Articles and Clothes etc.,
1. If any party violates any of the conditions, the aggrieved party is at liberty to take necessary legal action against the violated party before appropriate court of law or forum. j. That both the appellant and respondent declare and agreed that this joint compromise memo will bind only with respect to the appellant and the respondent.
Page 5 of 8https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/11/2025 04:30:47 pm ) IN WITNESS thereof both the appellant and the respondent have set their hands and signed this joint compromise memo with free will and consent without any coercion or undue influence in the presence of the following witnesses on the day mentioned above.
Therefore, it is humbly prayed that this Hon'ble court may be pleased to record this joint compromise memo and treat the same as a case of divorce by consent and allow the CMSA.No.11 / 2025 on the file of this Hon'ble Court and grant such other relief may deem fit and proper under the circumstances of the case and thus render justice.'
7. The respondent/wife has agreed that she has received a Demand Draft for a sum of Rs.23 lakhs (Rupees twenty three lakhs only) by way of Demand Draft dated 07.10.2025 and received a cash of Rs.2 lakhs (Rupees two lakhs) as permanent alimony from the appellant/husband. She also agreed to withdraw the domestic violence case in DVC.No.1 of 2019 pending before the Sub Court, Palladam and a maintenance case in M.C.No.14 of 2024 pending before the Judicial Magistrate Court, Palladam filed by her.
8. Based on the terms of the Joint Compromise Memo, dated 08.10.2025 an order of divorce is granted to the appellant/husband. Sequel to this, the marriage held on 16.05.2016 at Patchamalai Subramaniya Swamy Thiru Koil, Gobichettipalayam between the appellant/husband and the Page 6 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/11/2025 04:30:47 pm ) respondent/wife stands dissolved and order of divorce is granted in terms of Joint Compromise Memo.
9. In the result, ● the Civil Miscellaneous Second Appeal is decreed in in terms of Joint Compromise Memo dated 08.10.2025. The connected miscellaneous petition is closed. No costs.
● The marriage between the appellant/husband and the respondent/wife stands dissolved.
● The Joint Compromise Memo dated 08.10.2025 shall form part of the decree.
23.10.2025 msr Index: Yes/No Internet:yes/No To
1. The Principal District Judge, Tiruppur
2. The Subordinate Court, Palladam
3. The Record Keeper, VR Section Page 7 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/11/2025 04:30:47 pm ) R.KALAIMATHI, J.
msr CMSA.No.11 of 2025 & CMP.No.8739 of 2025 23.10.2025 Page 8 of 8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/11/2025 04:30:47 pm )