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Mohamed Arshad Modi v. L.a.Nazia Haseen

Madras HC20 Mar 2025CRP/2353/2024

Case brief

AI extract

What is this about?

Compromise decree; Joint Memorandum of Compromise dated 01.03.2025 taken on file; dissolution of marriage by consent; covenant to delete and not use photographs/videographs inserted as Clause(i) of paragraph 5; Civil Revision Petition under Article 227 of Constitution of India against D.V.C.No.203 of 2023 (Additional Mahila Court, Egmore, Chennai); no costs; C.M.P.Nos.12342 and 12343 of 2024 closed; Madras High Court; Justice P.T.ASHA; decided 20.03.2025.

What did the court decide?

Civil Revision Petition decreed in terms of the Joint Memorandum of Compromise dated 01.03.2025; terms of compromise form part of the Decree; marriage between the 1st petitioner and the respondent stands dissolved; no costs; connected miscellaneous petitions (C.M.P.Nos.12342 and 12343 of 2024) closed. ¶33

Mohamed Arshad Modi Vs L.a.Nazia Haseen — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Civil Revision Petition under Article 227 of the Constitution of India, seeking quashing of D.V.C.No.203 of 2023 pending before the Additional Mahila Court, Egmore, Chennai, should be decreed in terms of the Joint Memorandum of Compromise dated 01.03.2025 arrived at between the parties.

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Court's answer

The Joint Memorandum of Compromise dated 01.03.2025, signed by the parties and counter signed by their respective counsels, is taken on file.

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Ratio / Principle

The Civil Revision Petition is decreed in terms of the Joint Memorandum of Compromise dated 01.03.2025; the terms of compromise shall form part of the Decree; the marriage between the 1st petitioner and the respondent stands dissolved; no costs; connected miscellaneous petitions are closed.

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Detailed headnote1 paragraphs

Madras High Court (P.T.ASHA, J.), C.R.P. (PD) No.2353 of 2024 with C.M.P.Nos.12342 and 12343 of 2024, decided 20.03.2025 - Civil Revision Petition under Article 227 of the Constitution of India praying to call for the records of D.V.C.No.203 of 2023 pending before the Additional Mahila Court, Egmore, Chennai and quash the same. On the date of hearing, the 1st petitioner-husband and the respondent-wife appeared in person and filed a Joint Memorandum of Compromise dated 01.03.2025 settling their disputes; at the respondent-wife's insistence, a covenant that neither party will use photos/videographs against the other and shall delete them was inserted in paragraph 5 of the Memorandum as Clause(i) by hand and counter signed. The Memorandum, signed by the parties and counter signed by their respective counsels, was taken on file. The Civil Revision Petition was decreed in terms of the Joint Memorandum of Compromise; its terms form part of the Decree; the marriage between the 1st petitioner and the respondent stands dissolved; no costs; connected miscellaneous petitions closed.

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C.R.P. (PD) No.2353 of 2024

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IN THE HIGH COURT OF JUDICATURE OF MADRAS

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DATED: 20.03.2025

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CORAM:

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THE HONOURABLE MS. JUSTICE P.T.ASHA

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C.R.P. (PD) No.2353 of 2024 and C.M.P.Nos.12342 and 12343 of 2024

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Mohamed Arshad Modi

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Iqbal Modi 3. Nusrath Fathima ...Petitioners

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L.A.Nazia Haseen ...Respondent

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PRAYER: Civil Revision Petition filled under Article 227 of Constitution of India to call for the records relating to the D.V.C.No.203 of 2023 poending on the file of the Additional Mahila Court,Egmore, Chennai and quash the same.

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For Respondent : Mr.A.Amalraj

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1/4

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https://www.mhc.tn.gov.in/judis

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C.R.P. (PD) No.2353 of 2024

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O R D E R

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The 1^st petitioner-husband and the respondent-wife have

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appeared today in person and they have filed a Joint Memorandum

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of Compromise settling the disputes amonst themselves.

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Despite the fact that the 1^st petitioner and his counsel had

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represented before this Court that all the photographs available with the 1^st petitioner have been deleted , the respondent-wife had insisted

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to add the following clause in the Joint Memorandum of Compromise.

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covenant that they will not use any (photos /

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videographs) available with them against the

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either party in future and shall delete the clause.”

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Accordingly, the above clause has been inserted in paragraph 5 of the Joint Memorandum of Compromise dated 01.03.2025 as

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https://www.mhc.tn.gov.in/judis

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C.R.P. (PD) No.2353 of 2024

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Clause(i) by hand and counter signed.

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The Joint Memorandum of Compromise dated 01.03.2025

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signed by the parties and counter signed by their respective counsels is taken on file.

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The Civil Revision Petition is decreed in terms of the Joint Memorandum of Compromise dated 01.03.2025. The terms of compromise shall form part of the Decree. Consequently, the marriage between the 1^st petitioner and the respondent stands dissolved. No costs. Consequently, connected miscellaneous petitions are closed.

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20.03.2025

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Index: yes/no Speaking Order: Yes/No srn

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To The Additional Mahila Court,

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3/4

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https://www.mhc.tn.gov.in/judis

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C.R.P. (PD) No.2353 of 2024