KAVITHA Vs. V NAGARAJAN @ BALASUBRAMANIAM

JUDGEMENT

(1.) These appeals have been filed against the order dated 27.07.2018 made in H.M.O.P.No.861 of 2007 and H.M.O.P.No.446 of 2009 on the file of Family Court, Coimbatore.

(2.) The appellant herein is the wife and the respondent herein is the husband. The marriage between the appellant and the respondent was solemnised on 25.06.2004 at Ramasamy Thirumanamandapam, Kaundampalayam, Coimbatore as per Hindu rites and customs. Subsequent to marriage, there was matrimonial dispute between the parties and in November, 2004, the appellant was sent out of the matrimonial home and a child was born on 18.06.2005. Several attempt made by the appellant for reunion went in vain. Hence, she filed H.M.O.P.No.861 of 2007 before the Family Court at Coimbatore under Section 9 of the Hindu Marriage Act before the Family Court, Coimbatore, for restitution of conjugal rights. The respondent filed H.M.O.P.No.446 of 2009 before the Family Court at Coimbatore under Section 13(1)(i-a) and 13(1) (i-b) of the Hindu Marriage Act, for divorce. The Family Court, Coimbatore, allowed the petition filed by the respondent, granting a decree of divorce and dismissed the petition filed by the appellant. Aggrieved over the same, these Appeals have been filed by the wife/ appellant.

(3.) Today, when the matter is taken up for consideration, learned counsel appearing on either side submitted that the dispute between appellant and the respondent was amicably settled among themselves and they have also entered into a memorandum of compromise dated 30.07.2018. The said Memorandum of Compromise dated 30.07.2018 was filed before this Court signed by both parties along with their respective counsels. The terms of memorandum of compromise reads as follows: