Madras High Court
CMA/480/2024 of K.KARTHIKEYAN Vs P.SIVAGAMASUNDARI on 28 September 2026
CMA No. 480 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-09-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
AND
THE HON'BLE MRS.JUSTICE N. MALA
CMA No. 480 of 2024
CNR:{HCMA011117672023}
K.Karthikeyan
..Appellant(s)
Vs
P.Sivagamasundari
..Respondent(s)
Prayer:
This civil miscellaneous appeal is filed Section 19 of the Family Court Act, to set aside the order dated 16.03.2023, passed in HMOP No. 97 of 2022 by the Family Court, Villupuram.
For Appellant(s):
Mr. P.Sesubalan Raja
For Respondent(s):
Mr. C.Rajakumar
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Judgment
(Judgment of the Court was delivered by P.T.Asha J.) This civil miscellaneous appeal is filed challenging the order of the Family Court, Villupuram, dated 16.03.2023 made in HMOP.No.97 of 2022.
CMA No. 480 of 2024
2. The parties have entered into a compromise and a joint memorandum of compromise has been filed by both the parties. The joint compromise memo reads as follows:
(1) Both parties have entered into this compromise voluntarily, of their own free will, without coercion, undue influence, fraud or misrepresentation and after fully understanding the nature, scope and consequences of the terms contained herein.
(2) Respondent/wife hereby gives her full, free and unequivocal consent for dissolution of the marriage dated 08.02.2009.
(3) In full and final settlement towards permanent alimony and maintenance of the respondent/wife and towards the maintenance of their son Mr.Harish till the age of 18 years, the appellant/husband has agreed to settle the schedule property by executing a registered settlement deed in favour of the respondent and their son within one week from the date of recording of this joint memorandum of compromise before this Hon’ble Court. The stamp duty and
CMA No. 480 of 2024
registration expenses in respect of the said instrument shall be borne by the appellant/husband.
(4) The appellant further agrees to pay Rs.10,000/- (Rupees Ten Thousand Only) towards the monthly maintenance of their son Harish until he attains the age of 18 as per the order dated 04.11.2023 passed in MC.No.3 of 2022 from the month of October, 2026. The respondent/wife has further agreed not to claim any arrears under the above order for their son.
(5) The respondent/wife accepts the aforesaid property settlement as full and final settlement of all her matrimonial monetary claims against the appellant/husband, including claims towards past, present and future maintenance and permanent alimony, subject to due execution and registration of the aforesaid deed.
(6) The respondent/wife agrees that she will not initiate any fresh proceedings against the appellant/husband in respect of matrimonial claims, maintenance of disputes arising out of the matrimonial relationship.
CMA No. 480 of 2024
(7) Both parties agree that, upon implementation of the terms of this settlement, all mutual matrimonial allegations and claims between them shall stand settled and neither party shall make any further claim against the other or against the properties of the other, save and except the rights and obligations expressly preserved under this compromise.”
3. The civil miscellaneous appeal is decreed in terms of the compromise and the marriage between the parties is dissolved. The joint compromise memo is taken on file and shall form part of the decree. No costs.
4. Considering the fact that as per Clause No.3 of the joint memorandum of compromise, settlement deed is required to be executed by the appellant in favour of his son within a week from recording of this joint memorandum of compromise, post this matter on 07.10.2026, under the caption “For Reporting Compliance”. (P.T.A.,J.) (N.M.,J.) 28-09-2026 KAN
CMA No. 480 of 2024
P.T.ASHA J. AND N.MALA J. KAN CMA No. 480 of 2024 28-09-2026