Research › Search › Judgment

Madras High Court · body

2017 DIGILAW 2323 (MAD)

R. Kannan v. F. Deboran Initha

2017-08-01

A.D.JAGADISH CHANDIRA, R.SUBBIAH

body2017
JUDGMENT : R. Subbiah, J. 1. The appellant is the husband and the respondent is the wife. The marriage between the appellant and the respondent was solemnised on 05.11.2003 and out of their wedlock, they were blessed with two female children namely (i) I.K.Kundhavai Rani born on 09.11.2004 and (ii) I.K. Kavin Vadhani born on 22.12.2007. While so, the appellant has filed O.P. No. 4084 of 2010 before the Family Court, Chennai under Section 27 (1) (d) (e) of The Special Marriage Act, 1954 to grant a decree of divorce by dissolving the marriage solemnised between him and the respondent on 05.11.2003 on the ground of cruelty and mental illness. The respondent contested the Origiinal Petition by filing a counter. The Family Court, after analysing the evidence on record, dismissed the Original Petition by the order dated 28.04.2014. Aggrieved by the same, the appellant has filed the present Civil Miscellaneous Appeal. 2. When the appeal is taken up for hearing, the learned counsel appearing for the appellant as well as the respondent has submitted that the appellant and the respondent have settled their dispute by entering into a Joint Memorandum of Compromise dated 01.08.2017 and therefore prayed for granting a decree of divorce by dissolving the marriage solemnised between them in terms of the Joint Memorandum of Compromise. 3. We have perused the Joint Memorandum of Compromise dated 01.08.2017 and it was duly signed by the appellant, respondent and their respective counsel. The Joint Memorandum of Compromise reads as follows:- “(a) The marriage solemnised between the appellant and respondent on 05.11.2003 under the Special Marriage Act at Chennai may be dissolved by a decree of divorce by keeping with the terms of this Memo of Compromise. The appellant and respondent withdraw all allegations made by them against each other in petitions, counters, affidavits or counter affidavits filed before the Principal Family Court in O.P. No. 4084 of 2010 and before this Honourable Court in CMA No. 172 of 2017. (b) The full custody of the 2 minor daughters shall remain with the respondent mother. The appellant shall have the right to visit the childen 15 days in a year during the summer holidays according to the wishes of the children. The appellant shall pick up the children from their place of residence at 10 am and drop them back to their house at 6 pm. The appellant shall have the right to visit the childen 15 days in a year during the summer holidays according to the wishes of the children. The appellant shall pick up the children from their place of residence at 10 am and drop them back to their house at 6 pm. The appellant and respondent agree that these terms of visitation will not prevent the appellant or respondent from shifting out of Chennai or India, if the terms of their service and work conditions makes it necessary. (c) The appellant, considering the welfare of the children and for their maintenance agrees to pay Rs.40,00,000/- (Rupees Forty Lakhs Only) to the first daughter I.K. Kundhavai Rani (minor) on or before 10.08.2017. The respondent shall open a Bank Account in the name of the minor daughter and the respondent will be named as the guardian of the said child. The respondent shall within a week of deposit put this amount of Rs.40,00,000/- in a Fixed Deposit in the name of the child which will be renewed till the child reaches the age of 18 years and the guardian, the respondent mother herein is permitted to withdraw the accrued interest to maintain the child. (d) Similarly, the appellant agrees to pay Rs.40,00,000/- (Rupees Forty Lakhs Only) to the second daughter I.K. Kavin Vadhani (minor) on or before 10.08.2017. The respondent shall open a Bank account in the name of the minor daughter and the respondent will be named as the guardian of the said child. The respondent shall within a week of deposit put this amount of Rs.40,00,000/- in a Fixed Deposit in the name of the child which will be renewed till the child reaches the age of 18 years and the guardian, the respondent mother herein is permitted to withdraw the accrued interest to maintain the child (e) Besides the deposit of the amounts above mentioned in the name of daughters, the appellant agrees to pay all educational expenses demanded by both the children's educational institutions for their entire school and college Education within India. In the event of the children pursuing their studies abroad, the payment of educational expenses abroad is at the option of the appellant. In the eventuality of the children studying abroad, the appellant will only pay the said expenses directly to the institution or into the bank account of the Children. In the event of the children pursuing their studies abroad, the payment of educational expenses abroad is at the option of the appellant. In the eventuality of the children studying abroad, the appellant will only pay the said expenses directly to the institution or into the bank account of the Children. Apart from the above, the appellant agrees to pay a sum of Rs.7,000/- before the 7th of every month towards tuition. (f) The appellant shall bear all the medical expenses of both the daughters, either by way of reimbursement to the respondent or direct payment depending upon the eventuality/need. (g) Besides the amount mentioned in clause (c), (d), (e) and (f) the appellant is not liable to pay any further amount at present or in future to the respondent herein. The respondent will not make any further claim as maintenance of alimony past, present or future for herself or the children. (h) Both the parties mutually agreed that they do not have any claim, right or liability against each other at present or in the future. (i) The appellant and respondent undertake not to file any other complaint or petition against each other in any forum for the enforcement of any right arising out of their marriage (j) The appellant and respondent shall not cause any statement to be made verbally or in writing in the print or electronic media which will demean or cause damage to the reputation of the other. (k) The appellant and respondent have each taken back their own belongings and articles and will not make any claim for return of the same. (l) The petitioner and respondent shall have no further claims against each other for any right or obligation arising out of their marriage. (m) There is no coercion and compulsion in entering into this Memo of Compromise (n) Both parties mutually agreed to abide by the terms and conditions of this Compromise Memo strictly. 4. On perusal of the joint memorandum of compromise dated 01.08.2017, we are of the view that the appellant and the respondent are residing separately atleast for the past six years which satisfy the requirements for granting a decree of divorce. 4. On perusal of the joint memorandum of compromise dated 01.08.2017, we are of the view that the appellant and the respondent are residing separately atleast for the past six years which satisfy the requirements for granting a decree of divorce. Therefore, we are inclined to grant a decree of divorce by setting aside the Judgment and Decree dated 28.04.2014 passed by the Family Court, Chennai in OP No. 4084 of 2010 in terms of the Joint Memorandum of Compromise dated 01.08.2017. 5. In the result, the Judgment and Decree dated 28.04.2014 passed in OP No. 4084 of 2010 on the file of Principal Family Court, Chennai is set aside. The Civil Miscellaneous Appeal is allowed by granting a decree of divorce dissolving the marriage solemnised between the appellant and the respondent on 05.11.2003 in terms of the Joint Memorandum of Compromise dated 01.08.2017 entered into between the appellant and the respondent. The Joint Memorandum of Compromise dated 01.08.2017 shall form part of the records. No costs. Consequently, connected CMP No. 1175 of 2017 is closed.