(Prayer: CMA No.2631 of 2022: Appeal filed under Section 19 of the Family Courts Act, 1984 and Section 104 read with Order 43 Rule 1 of CPC., to set aside the Fair and Decreetal Order dated 11.08.2022 passed in HMOP.No.422 of 2019 on the file of the Additional Principal Family Judge, Coimbatore and allow the appeal.

CMA No.2632 of 2022: Appeal filed under Section 19 of the Family Courts Act, 1984 and Section 104 read with Order 43 Rule 1 of CPC., to set aside the Fair and Decreetal Order dated 11.08.2022 passed in GWOP No.970 of 2017 on the file of the Additional Principal Family Judge, Coimbatore and allow the appeal.

CMA No.2635 of 2022: Appeal filed under Section 19 of the Family Courts Act, 1984 and Section 104 read with Order 43 Rule 1 of CPC., to set aside the Fair and Decreetal Order dated 11.08.2022 passed in HMOP No.972 of 2017 on the file of the Additional Principal Family Judge, Coimbatore and allow the appeal.)

Common Judgment

C.V. Karthikeyan, J.

1. A Joint Memo of Compromise had been entered into between the appellant and the respondent in all the three Civil Miscellaneous Appeals. All the three Civil Miscellaneous Appeals have been filed by the appellant / wife questioning a common judgment and decree passed by the learned Additional Principal Judge, Family Court Coimbatore in HMOP No.422 of 2019, GWOP No.970 of 2017 and HMOP No.972 of 2017 dated 11.08.2022, by which common judgment, HMOP No.972 of 2017 filed by the appellant seeking Restitution of Conjugal Rights was dismissed and HMOP No.422 of 2019 filed by the respondent seeking Dissolution of Marriage was allowed and HMOP No.970 of 2017 filed by the appellant seeking to appoint herself as guardian of her two minor children was dismissed.

2. It is to be noted that the custody of the two minor children, the elder daughter V.Sreema, born on 06.01.2010 and a younger son, V.Ritvik, born on 12.03.2015 had been handed over to the respondent.

3. Exercising much prudence and with the assistance of the learned counsel for the appellant and also with the assistance of the learned Senior Counsel for the respondent, the appellant and the respondent had entered into a Joint Memo of Compromise which had been presented before the Court.

4. Along with the Joint Memo of Compromise, in terms of the agreement reached relating to the Fixed Deposit Receipt bearing Account No.008320100060993 and to break open the Bank Locker bearing Account No.008320100016691, the respondent had addressed a letter to the Branch Mananger, Union Bank of India, Coimbatore, dated 24.03.2026. This letter is part of the Joint Memo of Compromise dated 24.03.2026.

5. The Joint Memo of Compromise and the letter are also scanned and reproduced below for ready reference:













6. The only issue on which we had to intervene in the Joint Memo of Compromise, was to determine the fixed dates when the appellant would be able to meet her children and interact with them and spend quality time with them. The learned Trial Judge had stated that there could be such interaction on the 1st and 3rd Sundays of every month. We would adhere to the same schedule. But however, to facilitate such meeting, we would direct the respondent to bring over the two children at 10.00 a.m., on the 1st and 3rd Sundays of every month to the Cafe Coffee Day at Race Course Road, Coimbatore. The appellant may interact with the children and take them out and spend quality time with them. We hope that this would create a healthy relationship between the appellant and her two children. The appellant may thereafter, bring back the children at 5.00 p.m., on the same day, to the Cafe Coffee Day at Race Course Road, Coimbatore and the respondent may collect the two children.

7. Let this arrangement continue and hopefully, the two children would get more acclimatized to the companionship of their mother. If any modification is required, both the appellant and the respondent are at liberty to file necessary petition before this Court.

8. The Joint Memo of Compromise is affirmed with respect to other issues.

9. We enquired with the appellant and the respondent and they had also agreed to abide with the terms of Joint Memo of Compromise.

10. We also interacted with the two children and sensitized them about the importance of forging a healthy relationship with all their family members including the appellant and the respondent. We told the elder daughter, about her responsibility, to take her younger brother in her fold and to guide him in future. We also told them to look forward to the interactions with their mother on the 1st and 3rd Sundays of every month with expectation, with hope and with pleasure.

11. With the above observations, all the three Civil Miscellaneous Appeals are disposed of, in accordance with the terms of Joint Memo of Compromise dated 24.03.2026. Both the Joint Memo of Compromise and the letter addressed by the respondent to the Bank Manager, Union Bank of India, shall form part of the decree. No order as to costs.