S. MOHAN RAJ Vs. R. SRIMATHI

JUDGEMENT

(1.) The appeal has been filed by the appellant challenging the fair and decretal order dated 27.09.2019 made in G.W.O.P. No.05 of 2017 on the file of Additional District Judge, Tiruvannamalai (FAC).

(2.) Mr.K.Raja, learned counsel appearing for the appellant would submit that when the appellant/husband filed G.W.O.P. No.5 of 2017 before the learned Additional District Judge, Thiruvannamalai (FAC) under Section 7 of the Guardian Wards Act to appoint him as legal guardian for the minor son Rohith Raj, aged 3 1/2 years and for a further direction to give custody of the minor child, the same was dismissed on the premise that the respondent being the mother would take care of the child continuously and in the interest of the welfare of the minor child, there was no necessity for the father to take the custody of the minor child. Thereafter, the appellant has also filed H.M.O.P. No.168 of 2017 before the Principal Subordinate Court, Tiruvannamalai seeking divorce and in the said H.M.O.P. the respondent/wife has moved two Interim Applications in I.A. Nos.65 and 66 of 2019 for maintenance and for return of articles respectively. During the pendency of the matters, both the appellant and the respondent have re-joined and they have also filed a Joint Compromise Memo dated 15.09.2020 requesting this Court to record the Joint Compromise Memo terminating all the three proceedings namely, H.M.O.P. No.168 of 2017, I.A. Nos.65 and 66 of 2019.

(3.) In view of the above Joint Compromise Memo dated 15.09.2020 making clear that both parties have re-joined and they themselves have come to this Court jointly to terminate all the pending proceedings as per para 4 of the Joint Compromise Memo, this Appeal is dismissed as un-necessary. Similarly, all the three proceedings namely, H.M.O.P. No.168 of 2017, I.A. Nos.65 and 66 of 2019 are terminated accordingly. The Joint Compromise Memo shall form part of the order. No costs. Consequently, C.M.P. No.2205 of 2020 is also closed.