Madras High Court
K.Ganeshkumar vs G.Shiyamala Gowri on 27 April, 2021
C.M.A.No.1349 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
C.M.A.No.1349 of 2018
and
C.M.P.No.10799 of 2018
K.Ganeshkumar ... Appellant
Vs
G.Shiyamala Gowri
... Respondent
PRAYER : Civil Miscellaneous Appeal filed under Section 19 of the Family
Court Act, 1984, praying to set aside the fair and decreetal order passed by the
Family Court, Vellore on 09.05.2018, in O.P.No.339 of 2014.
For Petitioner : Mr.S.Janarthanam
For Respondent : Mr.Dr.R.Sampath Kumar
1/4
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1349 of 2018
ORDER
(Order of the court was made by N.KIRUBAKARAN.J.,)
The matter was heard through "Video Conference".
2. The appeal has been filed by the husband against the dismissal of his
petition for divorce to dissolve the marriage dated 07.03.2011 between the
appellant and the respondent. The appellant got married the respondent on
07.03.2011 at Mayiladuthurai and out of the wedlock a male child was born on
01.05.2012.
3. After the child birth, disputes arose between the parties, which compelled
the appellant to file OP.No.4430 of 2012, which was renumbered as FCOP.No.339
of 2014 on the file of the Family Court, Vellore. On contest, the petition was
dismissed, against which only the present appeal has been filed by the husband.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1349 of 2018
4. When the matter is called today, both appellant and respondent appeared
before this Court through Video Conference and categorically stated that they do
not want to rejoin and they are agreed to get divorce by consent and to dissolve the
marriage dated 07.03.2011. The appellant paid a sum of Rs.10,00,000/- (Rupees
ten lakhs only) by way of D.D.No.576089, dated 12.02.2021 in favour of the
respondent, which was received by the respondent, today, as a final settlement.
5. In view of the above categorical statements made by the parties before
this Court and the memo of compromise dated 18.02.2021, signed by both the
parties and counter signed by their respective counsels, there is no claim against
each other and a sum of Rs.10,00,000/- has been paid by the appellant to the
respondent towards final settlement of the claim of the respondent.
6. Therefore, the decree and judgment passed in FCOP.No.339 of 2014,
dated 21.11.2012, by the Family Court, Vellore, is set aside and there shall be a
decree of divorce by mutual consent.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1349 of 2018
N.KIRUBAKARAN, J.
and
T.V.THAMILSELVI , J.
ub
7. The appeal is disposed of in the above terms. The memo of compromise
shall form part of the decree. Consequently, connected miscellaneous petition is
closed. No costs.
[N.K.K.,J.] [T.V.T.S.,J.]
27.04.2021
ub
Index: Yes/No
Internet: Yes/No
To
The Family Court, Vellore.
C.M.A.No.1349 of 2018
and C.M.P.No.10799 of 2018
https://www.mhc.tn.gov.in/judis/
