C.M.A.(MD)No.217 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.09.2022
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
C.M.A.(MD) No.217 of 2022
Lakshmi ... Appellant
Vs.
M.Mari Sivaram Selvam ... Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 28 of the
Hindu Marriage Act, praying to set aside the Judgment and Decree
made in H.M.O.P.No.238 of 2020 passed by the Family Court,
Tirunelveli dated 22.01.2022.
For Appellant : Mr.M.S.Suresh Kumar
For Respondent : Mr.K.S.Sundar Rajan
***
JUDGMENT
(Judgment of the Court was delivered by R.MAHADEVAN, J.) The Civil Miscellaneous Appeal has been filed by the appellant/wife, challenging the fair order and decreetal order, 1/4 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.217 of 2022 dated 22.01.2022, made in H.M.O.P.No.238 of 2020, by the Family Court, Tirunelveli, dissolving the marriage, which was solemnized on 01.02.2013, between the petitioner and the respondent.
2. Heard Mr.M.S.Suresh Kumar, learned counsel for the appellant and Mr.K.S.Sundar Rajan, learned counsel for the respondent.
3. Today, when the matter was taken up for hearing, learned counsel for the parties submitted that pursuant to the directions of this Court 08.04.2022, the matter was referred to the Mediation Centre and before the Mediation Centre, the parties, with the assistance of the Mediator/Conciliator, arrived at an amicable settlement and thereafter, the appellant and respondent are living together along with their son.
4. Tamil Nadu Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai has also sent a copy of the Mediation Report, dated 29.07.2022, to that effect. In paragraph No.6 of the Mediation Report it is stated as follows:-
“6. The following settlement has been 2/4 https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.217 of 2022 arrived at between the parties hereto:-
A. That it is agreed between the parties that the Civil Miscellaneous Appeal filed in C.M.A.No.217 of 2022 against the decree and judgment passed in H.M.O.P.No. 238/2020 by the Hon'ble Family Court, Tirunelveli, dated 22.01.2022 shall be allowed the Divorce granted therein shall be set aside.
B. These parties agreed not they shall reunit and live together along with their son Minor Srijesh at the matrimonial home at Chennai and the respondent agrees to protect the life and interest of the appellant and their son.”
5. Recording the mediation report dated 29.07.2022 and the submissions of learned counsel appearing for the respective parties, this Civil Miscellaneous Appeal is allowed and the fair order and decreetal order of the Family Court, Tirunelveli, dated 22.01.2022, made in H.M.O.P.No.238 of 2020 are set aside. No costs.
[R.M.D., J.] [J.S.N.P., J.]
23.09.2022
Internet : Yes / No
Index : Yes / No
sj
3/4
https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.217 of 2022 R.MAHADEVAN, J.
and J.SATHYA NARAYANA PRASAD, J.
sj Copy to The Judge, Family Court, Tirunelveli.
C.M.A.(MD) No.217 of 2022 23.09.2022 4/4 https://www.mhc.tn.gov.in/judis