R.Sivakumar vs Marikannu on 1 March, 2019

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Madras High Court

R.Sivakumar vs Marikannu on 1 March, 2019

Bench: J.Nisha Banu

                                                        1

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 01.03.2019

                                                   CORAM :

                             THE HONOURABLE MRS.JUSTICE J.NISHA BANU

                                       CMSA(MD)Nos.17 and 21 of 2016

                      R.Sivakumar                                          ... Appellant
                                                       vs.

                      Marikannu                                            ... Respondent

                             Appeals filed under Section 100 of the Civil Procedure Code
                      read with Section 28 of the Hindu Marriage Act, 1955, against the
                      judgment and decree dated 26.10.2015 passed in CMA.Nos.19 and 20
                      of 2015 on the file of II Additional District & Sessions Judge,
                      Thanjavur, reversing the judgment and decree dated 11.03.2015
                      passed in the petition for divorce in HMOP.No.115 of 2010 and
                      petition for restitution of conjugal rights in HMOP.No.160 of 2011 on
                      the file of the Additional Sub Court, Thanjavur.

                                  For Appellant  : Mr.P.Velmurugan
                                  For Respondent : Mr.G.Sridharan



                                            COMMON JUDGMENT

These appeals have been filed against the judgment and decree dated 26.10.2015 passed in CMA.Nos.19 and 20 of 2015 on the file of http://www.judis.nic.in 2 II Additional District & Sessions Judge, Thanjavur, reversing the judgment and decree dated 11.03.2015 passed in the petition for divorce in HMOP.No.115 of 2010 and petition for restitution of conjugal rights in HMOP.No.160 of 2011 on the file of the Additional Sub Court, Thanjavur.

2.Today, when the matter was taken up for hearing, a joint memo of compromise signed by the appellant, respondent and their respective counsels, has been filed, stating that both the parties have settled the matter between themselves. The said compromise memo is extracted below:-

''The appellant filed HMOP.No.115 of 2010 against the respondent for dissolution of marriage took place on 02.05.2004 by a decree of divorce on file of Additional Sub Court, Thanjavur. Likewise, the respondent filed HMOP.No.160 of 2011 against the appellant for restitution of conjugal rights on the file of Additional Sub Court, Thanjavur. Both the cases were jointly tried before the Additional Sub Court, Thanjavur and by a common judgment dated 11.03.2015 divorce was granted as prayed for in HMOP.No.115 of 2010 and the petition filed for restitution of conjugal rights in HMOP.No.160 of 2011 was dismissed.

http://www.judis.nic.in 3

2.Aggrieved over the said common judgment the respondent herein preferred Civil Miscellaneous Appeal Nos.19 and 20 of 2015 on the file of Second Additional District and Sessions Court, Thanjavur. The learned Appellate Judge by common judgment dated 26.10.2015 set aside the judgment and decree made in both HMOP.Nos. 115 of 2010 and 160 of 2011 and thereby negatived the prayer for divorce and allowed the petition for restitution of conjugal rights.

3.Aggrieved over the common judgment dated 26.10.2015 made in CMA.Nos.19 and 20 of 2015, the appellant herein had preferred the above Civil Miscellaneous Second Appeals.

4.At the intervention of mediators and well-wishers, both the appellant herein and the respondent herein have mutually agreed to dissolve the marriage took place between them on 02.05.2004 without any condition whatsoever. It is agreed mutually between the parties that since the respondent is working as a Teacher in Government High School, no past or future maintenance is required to the respondent from the appellant. In view of the above said compromise both the appellant and respondent have agreed to lead a peaceful life without any interference between them.

5.Therefore, based on the above terms of compromise the judgment and decree dated 26.10.2015 passed in CMA.Nos.19 and 20 of 2015 be set aside and the judgment and decree dated 11.03.2015 be restored and the above CMSA be disposed of in the above terms.'' http://www.judis.nic.in 4

3.Recording the joint compromise memo dated 01.03.2019, these Civil Miscellaneous Second Appeals are allowed. The judgment and decree dated 26.10.2015 passed in CMA.Nos.19 and 20 of 2015 is set aside and the judgment and decree dated 11.03.2015 in HMOP.Nos.115 of 2010 and 160 of 2011 is restored. The compromise memo shall be treated as part of the record. No costs.

                      Index      : Yes / No                            01.03.2019
                      Internet   : Yes / No

                      To

1)The II Additional District & Sessions Judge, Thanjavur.

2)The Additional Sub Judge, Thanjavur.

http://www.judis.nic.in 5 J.NISHA BANU, J bala CMSA(MD)Nos.17 and 21 of 2016 01.03.2019 http://www.judis.nic.in

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