G.Samuel Charles Johnny vs V.Merlin
2021 Latest Caselaw 15756 Mad

                                                                              C.M.A.No.1716 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                     DATED : 04.08.2021
                                                         CORAM :
                              THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
                                               and
                             THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

                                                C.M.A. No. 1716 of 2021

                     G.Samuel Charles Johnny,
                     S/o.Mr.Gnanadhas,
                     aged about 35 years,
                     137/6-C, Bethel, 2nd Cross,
                     Tholkapier Street, Vandalur,
                     Chennai 600 048.                                         ... Appellant

                                                             Vs
                     V.Merlin,
                     D/o.Vimaldoss,
                     No.3-1280/1944, N.G.O.Colony,
                     Transport Nagar, 6th Street,
                     Kalanivasal, Karaikudi,
                     Sivagangai District 630 002.                          ... Respondent

                     PRAYER : Civil Miscellaneous Appeal filed under Section 19 of the
                     Family Courts Act against the Judgment and Decree dated 24.02.2021
                     passed in F.C.I.D.O.P.No.123 of 2017 on the file of Family Court,
                     Chengalpattu and to set aside the same.

                                    For Appellant       : Mr.J.I.Rajkumar Roberts.

                                    For Respondent      : Mr.D.Ravichandar.




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https://www.mhc.tn.gov.in/judis/
                                                                          C.M.A.No.1716 of 2021

                                                   JUDGMENT

(Judgment of the Court was delivered by N.KIRUBAKARAN, J)

The Appellant has preferred this Appeal against the dismissal

of divorce petition filed by him to dissolve the marriage solemnised

between him and the Respondent. The appellant got married to the

Respondent on 03.05.2017. The Appellant filed divorce petition before

the Family Court, Chengalpattu, alleging that the Respondent committed

cruelty to him. On contest, the divorce petition was dismissed, against

which, only the present Appeal has been filed.

2.When the matter is called before this Court today, both

Appellant and Respondent along with their respective counsel appeared

before this Court.

3.Mr.D.Ravichandar, learned counsel appearing on behalf of

the Respondent would submit that the Respondent is ready and agreeable

for divorce. When this Court enquired the Respondent about this, she

agreed to get divorce and further she submitted that she does not want

any alimony from the Appellant.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1716 of 2021

4.In view of the above said categorical statement made by the

parties, it is very much clear that the parties do not have any intention to

live together and they want to get separated. The parties have also filed a

memo of compromise dated 30.07.2021 duly signed by the parties and

countersigned by their respective learned counsel, to the above said

effect.

5.Therefore, the decree and judgment passed by the trial Court

in F.C.I.D.O.P.No.123 of 2017 dated 24.02.2021 is setaside and the

marriage solemnised between the Appellant and the Respondent on

03.05.2017 is dissolved. The memo of compromise dated 30.07.2021

filed by the parties shall form part of the decree.

6.Accordingly, the Appeal is disposed of. No costs.

                                                                      (NKKJ)        (TVTSJ)
                                                                           04.08.2021
                     Sai/Maya

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1716 of 2021

N.KIRUBAKARAN, J.

and T.V.THAMILSELVI, J

Maya

To

The Presiding Officer, Family Court, Chengalpattu.

C.M.A.No.1716 of 2021

Dated : 04.08.2021

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