Gousalya vs Moovendran
2021 Latest Caselaw 10908 Mad

                                                                            C.M.A.(MD) No.446 of 2021

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 28.04.2021

                                                        CORAM

                                   THE HON'BLE MR.JUSTICE T. S. SIVAGNANAM
                                                    and
                                     THE HON'BLE MRS.JUSTICE S.ANANTHI

                                              C.M.A.(MD)No.446 of 2021

                     Gousalya                                                    ... Appellant
                                                          -Vs-

                     Moovendran                                                  ... Respondent

                     Prayer: Civil Miscellaneous Appeal filed under Section 19 of Family
                     Court Act, against the Fair and Decreetal order dated 29.06.2020, made
                     in H.M.O.P.No.96 of 2017 on the file of Family Court, Dindigul.


                                     For Petitioner    : Mr.S.Prabhu
                                     For Respondent    : Mr.S.Balamurugan



                                                      JUDGMENT

[Judgment of the Court was made by T. S. SIVAGNANAM, J.,]

This Civil Miscellaneous Appeal, by the wife, is directed against

the fair and decreetal order dated 29.06.2020, made in H.M.O.P.No.96 of

2017 on the file of the Family Court, Dindigul, by which, the decree of

https://www.mhc.tn.gov.in/judis/

C.M.A.(MD) No.446 of 2021

divorce was granted, dissolving the marriage between the appellant/wife

and the respondent/husband.

2. The learned counsel on either side has drawn our attention to

the joint affidavit filed by the petitioner and the respondent, whereby

they have compromised and they have jointly prayed to set aside the

decree of divorce, as they have joint together and they are now living as

husband and wife.

3. Though the parties are required to appear in person, on account

of the current situation, we dispense with the procedure and based on the

submissions made by the learned counsel on record for either side and

placing on record the joint affidavit filed by the appellant and the

respondent, we allow this Civil Miscellaneous Appeal and set aside the

fair and decreetal order passed in H.M.O.P.No.96 of 2017. The

appellant and the respondent shall continue to live together as husband

and wife. No costs.

                                                              [T.S.S. J.,]      [A.S.I. J.,]
                                                                         28.04.2021
                     Index : Yes/No
                     Internet : Yes
                     vsm

https://www.mhc.tn.gov.in/judis/

C.M.A.(MD) No.446 of 2021

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

The Judge, Family Court, Dindigul.

https://www.mhc.tn.gov.in/judis/

C.M.A.(MD) No.446 of 2021

T. S. SIVAGNANAM, J., and S.ANANTHI, J.,

vsm

Order made in C.M.A.(MD)No.446 of 2021

28.04.2021

https://www.mhc.tn.gov.in/judis/