P GEETHA Vs. V S SIVAKUMAR

JUDGEMENT

(1.) The appellant was the wife and the respondent was the husband. The marriage between the appellant and the respondent was solemnised on 22.02.2002 at Siva Sakthi Kalyana Mandapam, Anna Nagar, Chennai, as per Hindu rites and customs. Due to such wedlock between the appellant and the respondent, a male child was born on 30.04.2003 and named as S.Anand. As there was misunderstanding between the appellant and the respondent during the course of their matrimonial life, the respondent/husband has filed FCOP No. 1426 of 2008 before the Principal Family Court, Chennai under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 for dissolution of the marriage, on the ground of cruelty. On conclusion of trial, the Principal Family Court, Chennai, by the Order dated 26.07.2011, allowed the Original Petition by granting a decree of divorce. Aggrieved by the same, the appellant/wife has come up with this appeal.

(2.) Today, when the appeal is taken up for hearing, both the appellant and the respondent along with their respective learned counsel on record are present. They filed a Memo of Compromise dated 004.2018 to the effect that they have amicably settled their dispute between them. When we enquired the parties about the factum of compromise and the terms of the compromise, they have admitted the same. We also perused the Memo of Compromise dated 004.2018 signed by both the appellant and the respondent. The terms of the said Memo of Compromise read as follows:

(3.) In view of the above, this Civil Miscellaneous Appeal is dismissed and the order dated 26.07.2011 passed by the Principal Family Court, Chennai in FCOP.No.1426 of 2008 granting a decree of divorce dissolving the marriage solemnized between the appellant and the respondent on 22.02.2002 at Siva Sakthi Kalyana Mandapam, Anna Nagar, Chennai, is confirmed. With regard to the custody of child, the respondent is at liberty to work out his remedy by initiating appropriate proceedings before the appropriate forum. The memo of compromise dated 02.04.2018 filed by the parties shall form part of the decree. No costs. Consequently, connected Miscellaneous Petition is also dismissed.