A. Gomathieaswar vs G. Raja Meena

S. Manikumar, J—Material on records shows that vide order, dated 24.02.2015, this Court has directed the matter to be referred to Mediation and Conciliation Centre, Madurai Bench of Madras High Court, pursuant to which, Mediation and Conciliation Centre has taken up the case on its file in Mediation Case No. 96 of 2015. Vide proceedings dated 10.06.2015, the Mediation Centre has reported that the parties to the lis have compromised as follows;-

"Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows:

The parties fully settled the case amicably without any interruption of other parties.

Both parties have entered into memorandum of understanding dated 10.06.2015 and they have produced the said document duly signed by them and the same may be treated as part and parcel of this compromise.

Both parties have agreed to dispose the Appeals as per the terms and conditions of the above said memorandum of understanding dated 10.06.2015."

Mediation Centre has already reported that both the parties and the respective counsel to the appeal have duly signed the memorandum of compromise entered into between the parties, which is reproduced hereunder;-

"This Memorandum of Understanding is made and executed on this the 10th day of June 2015 at Madurai between G. Raja Meena, W/o. A. Gomathi Easwar, Indian, Hindu aged about 37 years residing at No. 7/17, Sevalayam Street, Shenoy Nagar, Madurai - 625 020, hereinafter referred to as party of the first part.

AND

Mr. A. Gomathi Easwar, S/o. A.R.T.A. Amirthalingam, India, Hindu aged about 45 years, residing at No. 3/14, 1st Main Road, Kalaimagal Nagar, Ekatuthangal, Chennai-600 032, hereinafter referred to as party of second part.

Whereas, the Party of the first part is the wife of party of the second part.

Whereas, the parties first part and second part submit that the marriage between them took place on 05.09.2003 as per the Hindu rituals and customs at Chennai. After the said marriage both of them lived together at No. 166, Defence Colony, Ekatuthangal, Chennai- 600 032. Out of the wedlock, a male child namely "Sri Arumugam" was born on 14.07.2004. After the birth of the child the matrimonial life was not happy and there were frequent misunderstandings between the parties and they are living separately.

WHEREAS the party of the first part gave a complaint before the Inspector of Police, Tallakulam Police Station, Madurai against the party of the second part and his family members and the case has been registered in Crime No. 13 of 2006. Meanwhile the party of the second part filed a petition for divorce before the District Court, Chengalpattu and the same has been taken as H.M.O.P. No. 284 of 2006 meanwhile the party of the first part filed an application before the Family Court at Madurai in H.M.O.P. No. 443 of 2006. The party of the first part filed an application for transfer before the Hon''ble High Court, Chennai for transferring the H.M.O.P. No. 284 of 2006 filed by the party of the second part and the same has been transferred to the Family Court at Madurai and the same has been numbered as H.M.O.P. No. 255 of 2007. Meanwhile the party of the first party filed an application before the Judicial Magistrate, Madurai under Sections 23(1) and 21 of Prevention of Women from Domestic Violence Act, 2005 and the same was taken on file in C.C. No. 23 of 2007.

WHEREAS the party of the second part filed an application before the Hon''ble High Court to quash the proceeding pending on the file of Judicial Magistrate-II, Madurai for the offence punishable in Domestic Violence Act and the same was allowed by the Hon''ble High Court, Madurai Bench at Madras High Court on 08.04.2008 in Criminal O.P. No. 569 of 2007. Meanwhile the party of the first part filed a petition before the Hon''ble High Court for withdrawal of criminal case under Section 498(b) and the same has been allowed.

WHEREAS the party of the first part filed an application before the Hon''ble High Court at Chennai for the custody of minor child in O.P. No. 445 of 2009 was withdrawn by the same on 24.04.2015.

WHEREAS HMOP 443 of 2005 filed by the Party of the first part for restitution of conjugal rights were jointly tried together and the common order was passed by dismissing the HMOP 255 of 2007 filed by the party of the second part and the HMOP 443 of 2006 filed by the party of the first part was allowed by the learned Family Court Judge, Madurai for restitution of conjugal rights by its order dated 10.03.2014. As against the same the party of the second part filed civil miscellaneous appeal before the Hon''ble High Court Madurai Bench at Madras High Court in C.M.A. Nos. 120 and 121 of 2015 and the same is admitted and pending. At the time of admitting the above C.M.A. the Hon''ble High Court referred the dispute for resolving the issue before the Mediation and Conciliation Centre, High Court, Madurai.

WHEREAS the party of the first part and party of the second part submit before the Mediation and Conciliation Centre, that after several rounds of discussions the parties have mutually arrived at consensus. Based on such consensus, the parties have agreed to a full and final settlement in terms of joint compromise memorandum of understanding.

Now, this Memorandum of Understanding witness as follows:

The party of the first part and party of the second part mutually agree to the following terms of final compromise memorandum of understanding and to have the C.M.A. Nos. 120 and 121 of 2015 allowed granting decree of divorce between the parties.

The party of the second part (Husband) agrees to pay a sum of Rs. 12,00,000/- (Rupees twelve lakhs only) to the party of the first part (wife) towards the full and final settlement of all her claims for permanent alimony. Today on 10.06.2015, a sum of Rs. 12,00,000/- was received by the party of first part by way of two demand drafts drawn on Karnataka Bank, Cathedral Road, Chennai for a sum of Rs. 7,00,000/- vide D.D. No. 112845, dated 27.04.2015 and a sum of Rs. 5,00,000/- vide D.D. No. 322155 dated 08.06.2015.

The Party of the first part has withdrawn G.W.O.P. No. 445 of 2009 on 24.04.2015 filed by her for custody of minor child, before the Hon''ble High Court, Chennai. Further, the party of the first part declare that she has no claim over the custody of the minor child in future and she also accepts the minor child would be under the care and custody of the party of the second part.

The parties of the first and second part have declared that the marriage between them is irretrievably broken down and therefore, they agree to dissolve the marriage by a decree of divorce.

The Party of the First part hereby agrees that in view of the conciliation and in consequential settlement arrived at and as much as pursuant to the receipt of Rs. 12,00,000/- as stated above from the party of the second part, the party of the first part, hereby declare that she has no claim whatsoever against the party of the second part in any manner and she has no claim in future in respect of the property belonging to the party of the second part either movable or immovable.

Both parties herein shall withdraw or discontinue all the cases civil or criminal which are pending each other. Further, the parties are agreed to exchange the personal belongings to each other.

Today 10.06.2015 the party of the second part handed over all the Sreedhana articles, Educational Certificates and personnel belongings of the party of the first part. The party of the first part acknowledges the same. Likewise party of the first part handed over the jewelleries gifted by the party of the second part and the party of the second part acknowledges the same.

Both parties shall scrupulously comply the terms and conditions of this final Compromise Memorandum of Understanding.

In the event of default of any of the terms and conditions of this final Compromise Memorandum of Understanding by any of the party herein, the mediator shall resolve the issue amicably by further mediation.

In witness thereof the parties have set hand and signed this Memorandum of Understanding on the date, month and year as mentioned."

In the light of the consensus and memorandum of compromise dated 10.06.2015 recorded supra, the same shall form part of the record. There shall be a decree in terms of the Memorandum of Compromise. The appeals are disposed of accordingly. No costs.