Case Note & Summary
The appeal arose from the dismissal of a divorce petition by the Family Court, Namakkal. The appellant/husband had filed F.C.O.P.No.335 of 2022 under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955, seeking divorce on grounds of cruelty and desertion. The Family Court dismissed the petition on 27.02.2024. The husband preferred this Civil Miscellaneous Appeal. During the pendency, the parties entered into a compromise and filed a joint compromise memo dated 14.02.2025 under Order XXIII Rule 3 of the Code of Civil Procedure, 1908. The wife had no objection to the appeal being allowed and a decree of divorce being granted dissolving the marriage solemnized on 26.06.2020. Both counsel submitted that the parties had amicably resolved the matter. The Court, accepting the compromise, allowed the appeal and set aside the Family Court's order, granting a decree of divorce in terms of the compromise. The decision rested on the principle that matrimonial proceedings can be terminated by consent of parties, and a valid compromise memo under procedural law can form the basis for dissolution of marriage even if the original petition was contested on fault grounds.
Headnote
A) Family Law - Divorce by Compromise - Joint Compromise under Order XXIII Rule 3, Code of Civil Procedure, 1908 - Husband's appeal against dismissal of divorce petition allowed on basis of joint compromise memo filed during pendency, where wife had no objection to grant of divorce; Court recorded compromise and dissolved marriage dated 26.06.2020 - Held that a matrimonial appeal can be disposed of and divorce granted in terms of a lawful joint compromise even if the original petition was contested on grounds of cruelty and desertion (Paras 2-3)
Issue of Consideration
Whether the appeal can be allowed and divorce decree granted based on a joint compromise memo filed under Order XXIII Rule 3 of the Code of Civil Procedure, 1908, when the original divorce petition was dismissed.
Final Decision
The High Court, recording the joint compromise, allowed the Civil Miscellaneous Appeal, set aside the Family Court's dismissal, and granted a decree of divorce dissolving the marriage dated 26.06.2020 in terms of the compromise memo.
Law Points
- Parties to a matrimonial dispute may compromise and seek divorce
- compromise memo under Order XXIII Rule 3 CPC can be recorded and appeal allowed accordingly
- divorce granted on agreed terms
