1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 11.11.2011 CORAM THE HONOURABLE MR.JUSTICE T.MATHIVANAN C.M.S.A.(MD)Nos.11 and 12 of 2011 L.Muthukumar .. Appellant/Appellant/Respondent Vs Abirami .. Respondent/Respondent/Petitioner Prayer:- Appeal filed under Section 13(1)(1a) of the Hindu Marriage Act 1955 r/w under Section 100 of CPC against the judgment and decree dated 18.09.2010 in CMA.No.11 of 2010 and CMA.No.12 of 2010 on the file of I Additional District and Sessions Judge (PCR), Thanjavur, confirming the judgment and decree dated 27.11.2009 made in H.M.O.P.No. 140 of 2008 and HMOP.No.27 of 2009 on the file of Principal Sub Judge, Kumbakonam. For Appellant : Mr.R.Vijayakumar For Respondent : Mr.Anandaraj JUDGMENT When the appeals came up for hearing, the learned counsel Mr.R.Vijayakumar, appearing for the petitioner and Mr.R.A.S.Anandaraj, learned counsel appearing for the respondent have jointly submitted that the dispute between the appellant and the respondent has been settled amicably and to that effect joint petition for compromise has been filed and they have also submitted that these two appeals might be disposed of in accordance with the terms of the joint petition for compromise. 2. It is manifested from the records that the appellant and the respondent got married following the Hindu Customs on 6.2.2003 and through their wedlock, they begotten a girl child by name Priya Varshini on 14.3.2004. On account of the matrimonial tiff, the appellant herein had filed a petition in H.M.O.P.No.27 of 2009 on the file of the learned Sub Judge, Kumbakonam, seeking the relief of divorce and the respondent had also filed another petition in H.M.O.P.No.140 of 2008 on the file of the same court for restitution of conjugal rights. The petition in H.M.O.P.No. 27 of 2009 was dismissed and the petition in H.M.O.P.No.140 of 2008 was allowed. 3. Challenging the order passed in the above said proceedings,the appellant Mr.L.Muthukumar has filed Civil Miscellaneous Petitions in C.M.A.Nos.11 and 12 of 2010 before the Additional District and Sessions Court(PCR),Thanjavur and the same were also dismissed. Challenging the judgment of dismissal, the appellant Mr.L.Muthukumar has approached this Court by way of these two appeals in C.M.S.A.Nos.11 and 12 of 2011. 4. When these appeals came up for hearing, the learned counsels for both the appellant and the respondent have cojointly submitted that the dispute between the parties to the appeal have been settled in the presence of well wishers and to that effect they have jointly filed a petition for compromise. https://hcservices.ecourts.gov.in/hcservices/ 2 5.Today the appellant Mr.L.Muthukumar and the respondent Mrs.Abirami are present in person and this Court has also interacted with them and they have submitted jointly that the appeals might be disposed of in accordance with the joint petition for compromise. 6. In the joint petition for compromise, the appellant and the respondents have stated as follows: Terms of Compromsie: 1. The appellant and the respondent hereby withdraw the allegations made against each other in various court proceedings and police complaints. 2. The appellant and the respondent hereby agree to pass a decree for divorce on mutual consent dissolving the marriage held on 6.2.2003 at Devakottai,Sivagangai District. 3. The respondent hereby agrees to receive a sum of Rs.15,00,000/- (Fifteen lakhs) from the appellant towards full and final settlement of her maintenance claims on the day of appearance of parties before this Court for recording this compromise through three demand drafts drawn in the name of the respondent each for the value of Rs.5,00,000/- (Five lakhs) bearing No. 386251, 386282 and 386415 dated 26.8.2011, 27.8.2011 and 4.9.2011 respectively drawn on State Bank of India, Indira Nagar, Bangalore and payable at Kumbakonam. The respondent hereby agrees to issue a receipt to the appellant on receiving the above mentioned demand drafts. The respondent hereby agrees to withdraw M.C. No. 5 of 2011 pending on the file of Chief Judicial Magistrate Court, Kumbakonam. 4. The respondent hereby acknowledges the receipt of Rs.10,00,000/- (ten lakhs) from the appellant towards full and final settllement of maintenance claims of minor Priya Varshini through a demand draft drawn in the name of the respondent bearing No.386126 dated 20.8.2011 drawn on State Bank of India, Indira Nagar, Bangalore and payable at Kumbakonam. 5.The appellant hereby agrees to leave the custody of Minor Priya Varshini with the respondent and agrees to withdraw G.W.O.P.No. 22 of 2011 pending on the file of the Principal Sub Court, Kumbakonam. 6.The respondent hereby agrees for the visitation rights of the appellant at all reasonable hours to meet Minor Priya Varshini. 7. The respondent hereby agrees to hand over the custody of Minor Priya varshini to the appellant for two consecutive holidays every month, for four days each during Dhasara and Christmas vacation and for ten days during summer vacation. 8.The appellant and respondent agree that there are no other claims against each other either regarding movables or immovable properties. 7. Having taken into consideration of the related facts and circumstances and considering the averments of the petition for compromise, this Court is inclined to allow the joint petition for compromise and to dispose of the two appeals in accordance with the terms of joint petition for compromise. https://hcservices.ecourts.gov.in/hcservices/ 3 Accordingly, the joint petition for compromise is allowed and the two appeals are disposed of in terms of joint petition for Compromise. The said Joint petition for Compromise shall form part and parcel of the decree. No order as to costs. The parties are directed to bear their own costs. Consequently, connected M.P. is closed. Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar(CS) To The I Additional District and Sessions Judge (PCR), Thanjavur, +1 CC to Mr.R.Vijayakumar, Advocate, SR.No.39106 ses C.M.S.A.(MD)Nos.11 and 12 of 2011 11.11.2011 TR : 27.12.2011 : 3p/3c https://hcservices.ecourts.gov.in/hcservices/