ESTHER ALIAS GUNABHOOSHANAM Vs. S CHRISTOPHER IMMANUEL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 23.12.2004 made in F.C.O.P.No.1418 of 1998 on the file of the Principal Family Court, Madras, allowing the petition filed by the respondent/husband for restitution of conjugal rights and directing the appellant/wife to restore to the respondent/husband all comforts and bliss of married life.

(2.) PENDING the above appeal, the appellant/wife and the respondent/husband have entered into a compromise, agreeing for dissolution of marriage by mutual consent, and reduced the same into a joint memorandum of compromise dated 30.10.2006 bearing S.R.No.92494, which reads as follows: "Joint Memo of compromise filed by the parties The appellant and respondent jointly and respectfully submit as follows: 1. It is submitted that the above appeal is filed by the appellant against the respondent seeking to set aside the judgment and decree dated 23.12.2004 in F.C.O.P.No.1418 of 1998, on the file of the Principal Family Judge, Chennai. The said F.C.O.P.No.1418 of 1998 was filed under Section 32 of the Indian Divorce Act by the respondent seeking for restitution of conjugal rights. 2. The appellant and respondent respectfully submit that after consideration of the circumstances, they mutually agree for divorce and dissolution of the marriage solemnized between them on 06.02.1992 under the Indian Christian Marriage Act. 3. The appellant and respondent agree that they do not have any claim whatsoever between them and there is no collusion or undue influence in such mutual decision of theirs to agree for divorce. 4. It is therefore prayed that this Honourable Court may be pleased to record the mutual consent of the parties and pass appropriate orders and thus render justice. Dated at Chennai on this the 30th day of October, 2006. sd/- sd/- Respondent Appellant sd/- sd/- Counsel for Respondent Counsel for Appellant"