Citation : 2021 Latest Caselaw 10271 Mad
Judgement Date : 21 April, 2021
C.M.A.(MD).No.1637 of 2006
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
and
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
C.M.A.(MD).No.1637 of 2006
Ravi Venkatesh ... Appellant
vs.
C.Jeyamari ... Respondent
Prayer: The Civil Miscellaneous Appeal is filed under Section 28 of the
Hindu Marriage Act, 1955, against the judgment and decree dated
14.09.2006 passed in H.M.O.P.No.259 of 2003 on the file of the District
Family Judge, Madurai.
For Appellant : Mr.K.Muraleedharan
For Respondent : Mr.M.Kannan
JUDGMENT
[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.]
The Civil Miscellaneous Appeal has been filed by the
appellant, challenging the order of the Family Court, Madurai, passed in
H.M.O.P.No.259 of 2003.
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD).No.1637 of 2006
2. The original petition was filed by the appellant for divorce,
by dissolving the marriage performed between the appellant and
respondent on 21.06.2002. The Family Court, Madurai dismissed the
H.M.O.P.No.259 of 2003. Challenging the same, the present appeal has
been filed.
3. The learned counsel for the appellant and the learned
counsel for the respondent would state that the dispute between the
parties has been amicably settled. The appellant as well as the respondent
are present before this Court. The respondent has stated that she has no
objection for granting divorce to the appellant. She has also stated that
she has received totally a sum of Rs.4,80,000/- (Rupees Fourt Lakhs and
Eighty Thousand only) from the appellant, Rs.30,000/- by cash and Rs.
4,50,000/- by way of Demand Draft, dated 17.04.2021.
4. The Memo of Compromise is extracted hereunder:
“7. It is hereby submitted that the appellant and respondent hereby agree that the marriage solemnised between appellant and respondent dated 21.06.2002 is hereby dissolved.
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD).No.1637 of 2006
8. In view of the joint compromise memo the respondent agreed to withdraw the maintenance case under Section 125 Cr.P.C. pending before the Judicial Magistrate, Tuticorin.”
5. In the light of the above facts, the marriage solemnised
between the appellant and the respondent, dated 21.06.2002, is hereby
dissolved and the Civil Miscellaneous Appeal is allowed. The
compromise memo, dated 19.04.2021 shall form part of the decree.
However, there would be no order as to cost.
[M.K.K.S.,J.] [B.P.,J.]
21.04.2021
Index:Yes/No
Internet: Yes/No
akv
To
The Family Judge,
Madurai.
https://www.mhc.tn.gov.in/judis/
C.M.A.(MD).No.1637 of 2006
K.KALYANASUNDARAM, J.
and B.PUGALENDHI, J.
akv
JUDGMENT MADE IN C.M.A.(MD).No.1637 of 2006
21.04.2021
https://www.mhc.tn.gov.in/judis/
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