Loganayaki v. V.Sivakumar reported in

C.M.A.No.362 of 2024J U D G M E N T[Order of the Court was made by M.SUNDAR, J.,]This consent order will now dispose of the captioned 'Civil Miscellaneous Appeal' ['CMA' for the sake of brevity] and 'Civil Miscellaneous Petition' ['CMP' for the sake of brevity].2. This consent order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on 14.03.2024, which reads as follows:'Read this in conjunction with and in continuation of earlier proceedings made in the previous listings on 21.02.2024 and 26.02.2024, which read as follows:'Proceedings made on 21.02.2024Mr.Muthuchharan Sundresh, learned counsel representing Ms.R.Hemalatha, learned counsel on record for appellant is before us.2. Learned counsel submits that the captioned appeal is directed against an order dated 29.11.2023 made in I.A.No.1 of 2022 in O.P.No.1653 of 2021 on the file of the V Additional Principal Family Court, Chennai. This Page Nos.2/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024'29.11.2023 order' shall be referred to as 'impugned order' and this 'V Additional Principal Family Court, Chennai' shall be referred to as 'said Family Court' both for the sake of convenience and clarity.3. Learned counsel submits that the impugned order has been made by said Family Court in an application under Section 24 of 'The Hindu Marriage Act, 1955 (Act 25 of 1955)' (hereinafter 'HM Act' for the sake of brevity and convenience) which was taken out by the wife. Learned counsel also submits that in and by the impugned order, said Family Court partly allowed the pendente lite maintenance plea under Section 24 of HM Act by directing the husband to pay Rs.1,00,000/- per month towards interim maintenance.4. Be that as it may, for completion of facts, we deem it appropriate to record that there are two H.M.O.Ps i.e., H.M.O.P. No.1653 of 2021 filed by wife and another is H.M.O.P. No.4654 of 2023 filed by husband both for divorce and dissolution of marriage primarily on the ground of cruelty under Section 13(1)(i-a) of HM Act. Both the HMOPs are pending is learned counsel's say.5. Be that as it may, learned counsel pointed out that the captioned appeal has been presented in this Court under Section 28 i.e., sub-section (4) of Section 28 (to be precise) of HM Act.6. In the light of Loganayaki's case being Page Nos.3/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024Loganayaki Vs. V.Sivakumar reported in 2013(3) CTC 158 and P.T. Lakshman Kumar Vs. Bhavani reported in 2013 (3) CTC 166, the question as to whether captioned CMA should be under Section 19 of 'The Family Courts Act, 1984 (Act 66/1984)' (hereinafter 'F.C. Act' for the sake of brevity, convenience and clarity) arises. Learned counsel requests for a short accommodation in this regard. Be that as it may, as regards appeals under Section 19 of FC Act (appeals against pendente lite maintenance orders), the maintainability issue is being actively heard by this Court in a batch of matters.7. In the next listing, captioned appeal will be in Admission Board albeit under the caption 'ADJOURNED ADMISSION'.8. List on Monday in the Admission Board i.e., Motion List. List on 26.02.2024.' 'Proceedings made on 26.02.2024Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 21.02.2024.2. Mr.S.Saran Prasad, learned counsel representing Ms.R.Hemalatha, counsel on record for the appellant requests for rescheduling of the captioned matter. Request acceded to.3. List after a fortnight. List on 14.03.2024 in the Admission Board under the cause list caption Page Nos.4/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024'ADJOURNED ADMISSION'.'2. Today, Mr.Muthuchharan Sundresh, learned counsel representing Ms.R.Hemalatha, counsel on record for the appellant/ husband is before us.3.Ms.Sheila Jayaprakash, learned counsel who is before this Court submits that she has instructions to accept notice for the respondent/wife and learned counsel submits that she along with her co-counsel will file vakalatnama for respondent / wife in the Registry before the close of working hours tomorrow i.e., by 15.03.2024.4. Notwithstanding the maintainability issue, both the aforementioned learned counsel before us, adverting to paragraph 4 of 21.02.2024 proceedings (extracted and reproduced supra) submitted that the main matter itself can be given quietus (not only the captioned CMA but HMOPs before the Family Court also) as both spouses seek divorce.5. Elaborating on the above, Ms.Sheila Jayaprakash, learned counsel for wife submits that the wife does not want a) maintenance, b)pendente lite maintenance and c) she is not seeking return of any articles. This submission of learned counsel Ms.Sheila Jayaprakash is recorded.6. Be that as it may, both learned counsel submit that besides the two HMOPs adverted to in paragraph 4 of 21.02.2024 proceedings, there are some other legal proceedings between the parties i.e., proceedings under Domestic Violence Act, criminal complaint etc.,. Both learned counsel submit that the parties would sign a joint memorandum of compromise wherein a quietus would be Page Nos.5/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024given to all the proceedings i.e., proceedings besides the two HMOPs adverted to / alluded to in paragraph 4 of 21.02.2024 proceedings. 7. Both learned counsel, on instructions, submit that if the captioned matter is listed on Monday i.e., 18.03.2024 a joint memorandum of compromise can be filed and both parties i.e., appellant/husband and respondent/wife would be present before this Court.8. In the light of the narrative thus far, list captioned matter under the cause list caption 'FOR RECORDING MEMORANDUM OF COMPROMISE' in the Admission Board i.e., Motion List on Monday i.e., 18.03.2024.' 3. The aforementioned 14.03.2024 proceedings which in turn captures and reproduces proceedings made in the listing on 21.02.2024 is tell-tale qua factual matrix, circumstances of the case and the trajectory the matter has taken thus far.4. Pursuant to the aforementioned proceedings, captioned matter is listed under the cause list caption 'FOR RECORDING MEMORANDUM OF COMPROMISE' today.5. Today, Mr.Muthuchharan Sundresh, learned counsel appearing on behalf of counsel on record Ms.R.Hemalatha for the appellant (Mr.S.Yashvardhan Shrivastav), appellant-Mr.Yashvardhan Shrivastav, Page Nos.6/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024Ms.Sheila Jayaprakash, learned counsel on record for the respondent (Ms.Shefali Shrivastav) and respondent -Ms.Shefali Shrivastav are present in Court. 6. Both parties do not dispute the identity of each other. Both parties have produced documents for their identification and scanned reproduction of the same are as follows:Page Nos.7/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 20247. Learned counsel on both sides adverting to aforementioned earlier proceedings, submitted in one voice in unison that the appellant and the respondent have arrived at an amicable settlement and the same has been reduced to writing vide a 'Memo of Joint Compromise dated 18.03.2024' [hereinafter 'said JMOC' for the sake of brevity] and a scanned reproduction of the same is as follows :Page Nos.8/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024Page Nos.9/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024Page Nos.10/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024Page Nos.11/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024Page Nos.12/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024Page Nos.13/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024Page Nos.14/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 20248. This Bench had a brief interaction with Mr.Yashvardhan Shrivastav- appellantand Ms.Shefali Shrivastav-respondent. Both litigants after confirming that signatures in aforementioned JMOC are their signatures affirmed that they have signed the aforementioned said JMOC on their own volition, free will and submitted with solemnity that they would abide by the said JMOC in letter and spirit.9. Though obvious we make it clear that vide this consent /compromise decree the marriage solemnized between Mr.Yashvardhan Shrivastav (appellant) and Ms.Shefali Shrivastav (respondent) on 10.06.2015 according to Hindu Rites and Customs in Chennai [Taj Coromandel Hotel, Nungambakkam High Court, Chennai – 600 032] stands dissolved.10. If this consent/compromise decree / order or hard copy of the same downloaded from the office website of Madras High Court [to be noted, uploaded version in Madras High Court website is watermarked and QR Coded] or Certified copy is produced before any Court including the Family Court in which HMOPs are pending or Police Station/s or Police/ other Authorities such Courts / Police Station/s/Police/otherAuthorities shall Page Nos.15/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024make suitable orders to give closure to the proceedings before them and also act on the same within the bounds of law. 11. Captioned CMA , CMP and/or any other proceedings adverted to in the aforementioned said JMOC will stand disposed of in terms of aforementioned said JMOC which will now form part of the decree. There shall be no order as to costs.12. Before parting with the matter, this Court places on record its appreciation for learned counsel on both sides for the fairness and equanimity with which the matter has been approached.(M.S.,J.)(K.G.T.,J.) 18.03.2024Index : NoNeutral Citation : NogpaP.S. I: Upload forthwithP.S.II : All concerned including the Registry, High Court, Madras, to act forthwith on the uploaded soft copy of this proceedings as uploaded in the official website of this Court. To be noted, the soft copies uploaded in the official website of this Court are water marked, besides being QR Coded.Page Nos.16/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024To1. V Additional Family Court at Chennai2.The Section OfficerV.R.SectionHigh Court, Madras.Page Nos.17/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024M.SUNDAR, J.,andK.GOVINDARAJAN THILAKAVADI, J.,gpaC.M.A.No.362 of 202418.03.2024Page Nos.18/18

C.M.A.No.362 of 2024J U D G M E N T[Order of the Court was made by M.SUNDAR, J.,]This consent order will now dispose of the captioned 'Civil Miscellaneous Appeal' ['CMA' for the sake of brevity] and 'Civil Miscellaneous Petition' ['CMP' for the sake of brevity].2. This consent order has to be read in conjunction with and in continuation of earlier proceedings made in the previous listing on 14.03.2024, which reads as follows:'Read this in conjunction with and in continuation of earlier proceedings made in the previous listings on 21.02.2024 and 26.02.2024, which read as follows:'Proceedings made on 21.02.2024Mr.Muthuchharan Sundresh, learned counsel representing Ms.R.Hemalatha, learned counsel on record for appellant is before us.2. Learned counsel submits that the captioned appeal is directed against an order dated 29.11.2023 made in I.A.No.1 of 2022 in O.P.No.1653 of 2021 on the file of the V Additional Principal Family Court, Chennai. This Page Nos.2/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024'29.11.2023 order' shall be referred to as 'impugned order' and this 'V Additional Principal Family Court, Chennai' shall be referred to as 'said Family Court' both for the sake of convenience and clarity.3. Learned counsel submits that the impugned order has been made by said Family Court in an application under Section 24 of 'The Hindu Marriage Act, 1955 (Act 25 of 1955)' (hereinafter 'HM Act' for the sake of brevity and convenience) which was taken out by the wife. Learned counsel also submits that in and by the impugned order, said Family Court partly allowed the pendente lite maintenance plea under Section 24 of HM Act by directing the husband to pay Rs.1,00,000/- per month towards interim maintenance.4. Be that as it may, for completion of facts, we deem it appropriate to record that there are two H.M.O.Ps i.e., H.M.O.P. No.1653 of 2021 filed by wife and another is H.M.O.P. No.4654 of 2023 filed by husband both for divorce and dissolution of marriage primarily on the ground of cruelty under Section 13(1)(i-a) of HM Act. Both the HMOPs are pending is learned counsel's say.5. Be that as it may, learned counsel pointed out that the captioned appeal has been presented in this Court under Section 28 i.e., sub-section (4) of Section 28 (to be precise) of HM Act.6. In the light of Loganayaki's case being Page Nos.3/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024Loganayaki Vs. V.Sivakumar reported in 2013(3) CTC 158 and P.T. Lakshman Kumar Vs. Bhavani reported in 2013 (3) CTC 166, the question as to whether captioned CMA should be under Section 19 of 'The Family Courts Act, 1984 (Act 66/1984)' (hereinafter 'F.C. Act' for the sake of brevity, convenience and clarity) arises. Learned counsel requests for a short accommodation in this regard. Be that as it may, as regards appeals under Section 19 of FC Act (appeals against pendente lite maintenance orders), the maintainability issue is being actively heard by this Court in a batch of matters.7. In the next listing, captioned appeal will be in Admission Board albeit under the caption 'ADJOURNED ADMISSION'.8. List on Monday in the Admission Board i.e., Motion List. List on 26.02.2024.' 'Proceedings made on 26.02.2024Read this in conjunction with and in continuation of earlier proceedings made in the previous listing on 21.02.2024.2. Mr.S.Saran Prasad, learned counsel representing Ms.R.Hemalatha, counsel on record for the appellant requests for rescheduling of the captioned matter. Request acceded to.3. List after a fortnight. List on 14.03.2024 in the Admission Board under the cause list caption Page Nos.4/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024'ADJOURNED ADMISSION'.'2. Today, Mr.Muthuchharan Sundresh, learned counsel representing Ms.R.Hemalatha, counsel on record for the appellant/ husband is before us.3.Ms.Sheila Jayaprakash, learned counsel who is before this Court submits that she has instructions to accept notice for the respondent/wife and learned counsel submits that she along with her co-counsel will file vakalatnama for respondent / wife in the Registry before the close of working hours tomorrow i.e., by 15.03.2024.4. Notwithstanding the maintainability issue, both the aforementioned learned counsel before us, adverting to paragraph 4 of 21.02.2024 proceedings (extracted and reproduced supra) submitted that the main matter itself can be given quietus (not only the captioned CMA but HMOPs before the Family Court also) as both spouses seek divorce.5. Elaborating on the above, Ms.Sheila Jayaprakash, learned counsel for wife submits that the wife does not want a) maintenance, b)pendente lite maintenance and c) she is not seeking return of any articles. This submission of learned counsel Ms.Sheila Jayaprakash is recorded.6. Be that as it may, both learned counsel submit that besides the two HMOPs adverted to in paragraph 4 of 21.02.2024 proceedings, there are some other legal proceedings between the parties i.e., proceedings under Domestic Violence Act, criminal complaint etc.,. Both learned counsel submit that the parties would sign a joint memorandum of compromise wherein a quietus would be Page Nos.5/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024given to all the proceedings i.e., proceedings besides the two HMOPs adverted to / alluded to in paragraph 4 of 21.02.2024 proceedings. 7. Both learned counsel, on instructions, submit that if the captioned matter is listed on Monday i.e., 18.03.2024 a joint memorandum of compromise can be filed and both parties i.e., appellant/husband and respondent/wife would be present before this Court.8. In the light of the narrative thus far, list captioned matter under the cause list caption 'FOR RECORDING MEMORANDUM OF COMPROMISE' in the Admission Board i.e., Motion List on Monday i.e., 18.03.2024.' 3. The aforementioned 14.03.2024 proceedings which in turn captures and reproduces proceedings made in the listing on 21.02.2024 is tell-tale qua factual matrix, circumstances of the case and the trajectory the matter has taken thus far.4. Pursuant to the aforementioned proceedings, captioned matter is listed under the cause list caption 'FOR RECORDING MEMORANDUM OF COMPROMISE' today.5. Today, Mr.Muthuchharan Sundresh, learned counsel appearing on behalf of counsel on record Ms.R.Hemalatha for the appellant (Mr.S.Yashvardhan Shrivastav), appellant-Mr.Yashvardhan Shrivastav, Page Nos.6/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024Ms.Sheila Jayaprakash, learned counsel on record for the respondent (Ms.Shefali Shrivastav) and respondent -Ms.Shefali Shrivastav are present in Court. 6. Both parties do not dispute the identity of each other. Both parties have produced documents for their identification and scanned reproduction of the same are as follows:Page Nos.7/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 20247. Learned counsel on both sides adverting to aforementioned earlier proceedings, submitted in one voice in unison that the appellant and the respondent have arrived at an amicable settlement and the same has been reduced to writing vide a 'Memo of Joint Compromise dated 18.03.2024' [hereinafter 'said JMOC' for the sake of brevity] and a scanned reproduction of the same is as follows :Page Nos.8/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024Page Nos.9/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024Page Nos.10/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024Page Nos.11/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024Page Nos.12/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024Page Nos.13/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024Page Nos.14/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 20248. This Bench had a brief interaction with Mr.Yashvardhan Shrivastav- appellantand Ms.Shefali Shrivastav-respondent. Both litigants after confirming that signatures in aforementioned JMOC are their signatures affirmed that they have signed the aforementioned said JMOC on their own volition, free will and submitted with solemnity that they would abide by the said JMOC in letter and spirit.9. Though obvious we make it clear that vide this consent /compromise decree the marriage solemnized between Mr.Yashvardhan Shrivastav (appellant) and Ms.Shefali Shrivastav (respondent) on 10.06.2015 according to Hindu Rites and Customs in Chennai [Taj Coromandel Hotel, Nungambakkam High Court, Chennai – 600 032] stands dissolved.10. If this consent/compromise decree / order or hard copy of the same downloaded from the office website of Madras High Court [to be noted, uploaded version in Madras High Court website is watermarked and QR Coded] or Certified copy is produced before any Court including the Family Court in which HMOPs are pending or Police Station/s or Police/ other Authorities such Courts / Police Station/s/Police/otherAuthorities shall Page Nos.15/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024make suitable orders to give closure to the proceedings before them and also act on the same within the bounds of law. 11. Captioned CMA , CMP and/or any other proceedings adverted to in the aforementioned said JMOC will stand disposed of in terms of aforementioned said JMOC which will now form part of the decree. There shall be no order as to costs.12. Before parting with the matter, this Court places on record its appreciation for learned counsel on both sides for the fairness and equanimity with which the matter has been approached.(M.S.,J.)(K.G.T.,J.) 18.03.2024Index : NoNeutral Citation : NogpaP.S. I: Upload forthwithP.S.II : All concerned including the Registry, High Court, Madras, to act forthwith on the uploaded soft copy of this proceedings as uploaded in the official website of this Court. To be noted, the soft copies uploaded in the official website of this Court are water marked, besides being QR Coded.Page Nos.16/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024To1. V Additional Family Court at Chennai2.The Section OfficerV.R.SectionHigh Court, Madras.Page Nos.17/18 https://www.mhc.tn.gov.in/judis C.M.A.No.362 of 2024M.SUNDAR, J.,andK.GOVINDARAJAN THILAKAVADI, J.,gpaC.M.A.No.362 of 202418.03.2024Page Nos.18/18