IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.07.2008 CORAM THE HONOURABLE MR.JUSTICE K.RAVIRAJA PANDIAN AND THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA C.M.A.NOs.72 & 153 of 2002 & CMP No.663 of 2002 V.Muralidharan .... Appellant in both CMAs./Respondent / Petitioner Vs. M.C.Sathiyabama .... Respondent in both C.M.As./Respondents Civil Miscellaneous Appeals are filed under section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act against the orders dated 05.10.2000 made in H.M.O.P. Nos.287 of 2000 and 60 of 1997 on the file of Family Court Judge, Coimbatore. For appellant : Mr.S.Ananthanarayanan For Respondent : Mr.R.Kannan JUDGMENT (Judgment of the Court was made by K.RAVIRAJA PANDIAN,J.) Civil Miscellaneous Appeal No.72 of 2002 filed against the order of the Family Court dated 05.10.2000 made in H.M.O.P.No.287 of 2000 on the file of Family Court Judge, Coimbatore, allowing the petition filed by the wife for restitution of conjugal rights. 2. Civil Miscellaneous Appeal No.153 of 2002 filed against the order of the Family Court dated 05.10.2000 made in H.M.O.P.No.60 of 1997 on the file of Family Court Judge, Coimbatore, rejecting the petition filed by the husband for divorce. 3. When the matter was pending before this Court, it appears that the parties have decided to settle the issue between themselves and ultimately when the matter was taken up for passing final orders, https://hcservices.ecourts.gov.in/hcservices/ the parties entered into a compromise and extracted the same by way of memo of compromise (joint memo) signed by the respective counsel and placed before this Court, which proceeds as follows: "The appellant submits that this Hon'ble Court was pleased and gracious to permit the appellant to compromise the above two C.M.As, C.M.A.No.72/2002 and C.M.A.No.153/2002 on the undertaking by the appellant to pay a sum of Rs.4,00,000/- (four lakhs only) is full and final settlement towards the part and present and future maintenance of the appellant minor son M.Nithin. Accordingly the petitioner/appellant herewith presenting two demand drafts bearing No.028533 in favour of Sathyabama dated 14.07.2008 drawn on state Bank of India, Mettupalayam Branch for a sum of Rs.1,00,000/- and another sum of Rs.1,00,000/- drawn in favour of M.Nithin vide D.D. No.028534 drawn on State Bank of India, Mettupalayam Branch. The appellant submits that the respondent herein Sathya Bama had declined to accept any compensation from the appellant/her husband. The appellant submits that the balance amount of Rs.2,00,000/- (two lakhs only) to be drawn in favour of M.Nithin within six months from now. It is therefore prayed that this Hon'ble Court may be pleased to accept the joint memo filed by the appellant and respondent and allow the C.M.A.No.153/2002 and CMA.No.72/2002 and pass such order or other order as this Hon'ble Court may deem fit and proper order under the said circumstances of the above case and thus render justice." 4. As consensus has reached between the parties, the compromise memo is accepted and as such, a decree of divorce is hereby granted in favour of the appellant herein. If the second instalment of Rs.2,00,000/- is not paid as agreed by the appellant herein on or before 20.01.2009, the divorce granted in this appeal stands set aside automatically. Accordingly, these appeals are disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar raa https://hcservices.ecourts.gov.in/hcservices/ To 1. The Judge, Family Court, Coimbatore. 2. The Record keeper, V.R.Section, High Court, Madras. 1 CC To Mr.R.Kannan, Advocate, SR NO.38542 2 CC To Mr.S.Ananthanarayanan , Advocate, SR NO.38615,38616 C.M.A.Nos.72 & 153 of 2002 ka(co) pmk/6.10.2008. https://hcservices.ecourts.gov.in/hcservices/