LAWS(MAD)-2018-7-919

S UMA MAHESWARI Vs. R SIVAKUMAR

Decided On July 27, 2018
S Uma Maheswari Appellant
V/S
R Sivakumar Respondents

JUDGEMENT

(1.) The marriage between the appellant/wife and the respondent/husband was solemnized on 24.06.2009 as per Hindu rites and customs at Anna Nagar, Chennai. The said marriage is an arranged marriage. Out of the wedlock, a male child was born on 12.03.2010. Subsequently, due to matrimonial disputes, the respondent/husband has filed a petition in O.P.No.2177 of 2010 under Section 13(1)(i-a) of the Hindu Marriage Act before the Principal Judge, Family Court at Chennai, seeking for dissolution of marriage. Similarly, the appellant/wife had also filed a petition in O.P.No.202 of 2012 for restitution of conjugal rights. She has also filed a petition in M.C.No.57 of 2012 seeking maintenance of Rs. 12,000/- per month for herself and her child. The Trial Court, after considering both oral and documentary evidence adduced on either side, by common order dated 20.11.2017, has allowed the petition filed by the husband in O.P.No.2177 of 2010 and granted dissolution of marriage and consequently, dismissed the petition in O.P.No.202 of 2012 filed by the wife for conjugal rights and directed the husband to pay a sum of Rs. 6,000/- per month as maintenance to the wife and the child. Aggrieved over the order passed by the trial Court granting divorce, the present appeal has been filed by the wife.

(2.) Today, when the matter is taken up for consideration, both the parties appeared in Court along with their respective counsel and they filed a memorandum of compromise dated 24.07.2018, signed by both the parties and their respective counsel. The terms and conditions mentioned in the memorandum of compromise read as follows_

(3.) Recording the above said compromise, this appeal is dismissed in terms of the memo of compromise. The judgment and decree dated 20.11.2017 in O.P.No.2177 of 2010 passed by the Principal Judge, Family Court at Chennai, is confirmed. The marriage between the appellant and the respondent solemnized on 24.06.2009 is hereby dissolved and a decree of divorce is granted. The memo of compromise shall form part of this judgment. Consequently, connected Miscellaneous Petition is closed. No costs.