Appeal by wife after trial court dismissed her divorce petition. Parties settled in mediation to dissolve marriage by mutual consent, daughter remaining with mother with no maintenance claim. Court allowed the appeal and recorded the compromise decree.
Divorce decree by mutual consent per compromise memo; daughter's custody to appellant; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.A(MD)No.568 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.01.2024
CORAM
THE HON'BLE MR.JUSTICE S.SRIMATHY
C.M.A(MD)No.568 of 2022
Sugirtha ... Appellant
Vs. David Raja ... Respondent
PRAYER: Civil Miscellaneous Appeal is filed under Section 55 of Divorce Act, 1869 read with Section 96 of C.P.C, 1908, against the judgment and decree, dated 30.10.2019, made in I.D.O.P.No.03 of 2018 on the file of Principal District Court, Ramanthapuram.
For Appellant : Mr.H.Mohamed Imran for M/s.Ajmal Associates For Respondent : Mr.D.Bala Muruga Pandi *****
JUDGEMENT
The parties appeared before the mediation and have decided to
dissolve their marriage and a compromise memo has been filed to this effect.
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“The petitioner Sugirtha and David Raja (Respondent) decided to dissolve their marriage solemnized on 09.05.2011 by getting a decree of divorce on mutual consent. Their daughter viz., S.Adilya Salvin is in the custody of Sugirtha (Petitioner / Appellant) and David Raja (Respondent) has no objection in his child being in the custody of the appellant without there being any further claim. The appellant is not claiming any amount against the respondent and she has already collected all her belongings and there is no claim in any manner.
Joint Compromise Memo attached herewith.”
The compromise memo filed on behalf of both the parties states as under:
“ COMPROMISE MEMO ON BEHALF OF BOTH THE PARTIES (APPELLANT AND RESPONDENT)
1. In view of the close relationship existing between the parties and the difficulty and uncertainty concerning the conducting civil proceedings the parties have compromised the dispute between them as under:-
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2. The Appellant herein filed I.D.O.P.No . 3 of 2018 on the file of the Hon'ble Principal District Court, Ramanathapuram seeking for the dissolution of her Marriage with the respondent herein and the same was dismissed by the Hon'ble Principal District Court vide its Judgment dated 30.10.2019. Aggrieved by the same, the appellant has preferred the present Civil Miscellaneous Appeal and the same is pending.
3. The marriage between the parties were solemnised on 09.05.2011 at C.S.I Church by following Christian Ceremonies. Out of the said wedlock, a girl child named S.Adilya Salvin was born on 06.01.2015 and she is now aged about 7 years. Owing to the temperamental differences and increasing incompatibility, the relationship between the parties deteriorated. So as to avoid further deterioration in their relationship, the parties have decided to separate on mutual consent.
4. In the above Appeal, the parties were referred for mediation. Though various efforts and attempts were made by both parties for reconciliation, none of them were ended in the reunion and hence, the marriage has broken down irretrievably. In the said mediation, the parties have compromised the dispute between them as under:
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i) The parties i.e., Sugirtha (Appellant) and David Raja (Respondent) have decided to dissolve their marriage solemnized on 09.05.2011 by getting a decree of divorce on mutual consent.
ii) Their daughter viz., S.Adilya Salvin is in the custody of Sugirtha (Appellant) and David Raja (Respondent) has no objections in his child being in the custody of the Appellant without there being any further claim.
iii) The Appellant is not claiming any amount against the respondent as she has already collected all her belongings and there is no claim in any manner.
iv) The parties have to bear their respective costs.
v) It is prayed that a compromise decree may be passed in terms of the compromise referred to above and this compromise petition may form part of the order of this Hon'ble Court.
Sd/Sd/Appellant Respondent
Sd/Sd/Counsel for Appellant Counsel for Respondent
Dated at Madurai this the 24th day of March, 2023.”
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24.01.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No
Tmg
To
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C.M.A(MD)No.568 of 2022
S.SRIMATHY, J.
Tmg
C.M.A(MD)No.568 of 2022
24.01.2024
1 issue framed by the court
Whether the appeal against dismissal of the divorce petition should be allowed on the parties' mutual consent settlement.
2 provisions across 2 enactments
Sugirtha
David Raja
S.Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
