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2013 DIGILAW 3815 (MAD)

Yesu Veda Victor v. Usha Unnathapriya

2013-11-05

M.JAICHANDREN, M.KALYANASUNDARAM

body2013
Judgment : M. Jaichandren, J. 1. Heard the learned counsels appearing on behalf of the parties concerned. 2. At this stage of the hearing of the Civil Miscellaneous Appeal, the learned counsels appearing on behalf of the parties concerned had placed before this Court, a Joint Memo of Compromise, dated 4.12.2013, signed by the parties to the Civil Miscellaneous Appeal, as well as the learned counsels appearing on their behalf. The learned counsels appearing on behalf of the parties had agreed for the passing of a Decree, as per the Joint Memo of Compromise, dated 4.12.2013. Hence, the terms of the Joint Memo of Compromise, dated 4.12.2013, shall form part of the Decree. The Joint Memo of Compromise, dated 4.12.2013, reads as follows:- "JOINT MEMO OF COMPROMISE FILED BY THE APPELLANT AND THE RESPONDENT The Appellant and the Respondent mutually agree for the following terms of compromise and to have the C.M.A.No.2341 of 2013 allowed granting decree of divorce between the parties. 1] Both the parties remained separated prior to the filing of I.D.O.P.No.5 of 2001 on the file of the Principal District Judge, Vellore and also continue to remain even after the disposal of the I.D.O.P.No.5 of 2001 for divorce and also after filing of the CMA No.2341 of 2013 on the file of this Hon'ble Court. 2] Both the parties mutually declare that the marriage between the parties irretrievably broken down and there is no possibility or chance of any reconciliation and therefore the parties mutually agree to get separated by a decree of divorce. 3] Both the parties mutually agree to have a permanent alimony settled between the parties by respondent taking lumpsum amount from the appellant and the respondent agrees for divorce and also for settlement of permanent alimony on receipt of the total sum of Rs.10,00,000/- [Rupees Ten Lakhs only]. 4] Both the parties mutually agree and declare that neither party shall have any claim whatsoever against the other party and on dissolution of marriage by a decree of divorce there would not be any claim or counter claim between the parties either with respect to any immovable or movable property or with respect to the custody of the minor child which shall remain with the Respondent-wife. 5. 5. Both the parties mutually agree that the appellant shall not have any right to have the custody of the minor child by name Shemma, aged about 13 years and the appellant shall not claim custody of minor child under any circumstances in future. 6. The permanent alimony amount of Rs.10,00,000/- [Rupees Ten Lakhs only] paid by the appellant to the Respondent shall be in full and final settlement of the claim for the Respondent and her child Shemma, aged about 13 years and there would not be any claim by the Respondent-wife in future towards any amount regarding permanent alimony either for herself or for the minor child. 7. Both the parties mutually agree that the appellant and the Respondent shall not have any contact whatsoever pursuant to the marriage that was held between the parties and the decree of divorce shall give quietus to all the issues between the parties and there would not be any claim or counter claim under any circumstances either with respect to custody of the child or with respect to immovable and moveable properties of respective parties. 8. Both the parties mutually agree to have the settlement relating to the marriage and the divorce in which the payment of a sum of Rs.10,00,000/- [Rupees Ten Lakhs only] by the appellant by way of cash the receipt of which sum of Rs.10,00,000/- [Rupees Ten Lakhs only] by the respondent, the respondent doth hereby admit and acknowledge. 9. Both the parties mutually agree that in terms of the above compromise memo there shall be a decree of divorce whereby the marriage between the appellant and the respondent shall stand dissolved with effect from the date of order that may be passed by the Hon'ble Court." 3. Accordingly, the Civil Miscellaneous Appeal, is allowed, in terms of the Joint Memo of Compromise, dated 4.12.2013, entered into amongst the parties concerned. There shall be a Decree, in terms of the Joint Memo of Compromise, dated 4.12.2013. No costs.