KUMARESWARAN Vs. SUBALAKSHMI

JUDGEMENT

(1.) APPELLANT -husband filed H.M.O.P.No.228 of 2007 under Section 13 (1) (i-a) of Hindu Marriage Act seeking divorce on the ground of cruelty. Respondent-wife filed H.M.O.P.No.79 of 2010 under Section 9 of the Act seeking restitution of conjugal rights. By the common judgment dated 27.6.2011, divorce petition filed by the Appellant-husband came to be dismissed and the petition filed by the Respondent-wife came to be allowed. Being aggrieved by the common order, Appellant-husband preferred these appeals.

(2.) WHEN the appeals came up for hearing, stating that they have compromised the matter, Appellant and Respondent have filed joint Memorandum of Compromise. Appellant-Kumareswaran and Respondent-Subbulakshmi were also present in the Court. In the Court, both of them have stated that they have voluntarily and willingly compromised the matter. As per the terms of compromise, Respondent-wife received Demand Draft bearing No.411472 dated 6.2.2012 for Rs.5,00,000.00 drawn on Tamil Nad Mercantile Bank Limited, Thallakulam in the name of Subbulakshmi and Deposit Receipt bearing C.No.695546 dated 06.2.2012 for Rs.5,00,000.00 drawn on Tamil Nad Mercantile Bank Limited, Thallakulam in the name of Minor Guruprasath.

(3.) IN terms of Memorandum of Compromise and the statement of the Appellant made in the open Court that he is agreeing to pay Rs.5000.00 (Rupees Five Thousand) every year in the month of June to the Minor Guruprasath till he completes XII standard, the common judgment dated 27.6.2011 made in H.M.O.P.No.228 of 2007 and H.M.O.P.No.79 of 2010 are set aside and these appeals are allowed in terms of Memorandum of Compromise. The marriage between the Appellant and the Respondent solemnized on 11.12.2005 in Thiruvappudaiyar Koil at Sellur, Madurai Town is dissolved by mutual consent. The Memorandum of compromise shall form part of the decree. However, there is no order as to costs in these appeals.