Madras High Court
P.Nandhakumar vs S.Sathya on 19 August, 2021
C.M.A.No.4490 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2021
CORAM :
THE HON'BLE MR.JUSTICE N.KIRUBAKARAN
and
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
C.M.A.No.4490 of 2019
and C.M.P.No.25390 of 2019
P.Nandhakumar ... Appellant
Vs
S.Sathya ...Respondent
PRAYER : Civil Miscellaneous Appeal filed under Section 19 of the
Family Courts Act, 1984, prayed to set aside the Judgment and Decree
passed in F.C.O.P.No.36 of 2018 dated 05.03.2018, passed by the
learned Family Court at Namakkal.
For Appellant : Mr.R.Sumithra Chakkaravarthi
For Respondent : Mr.M.Jaikumar
JUDGMENT
(Judgment of the Court was delivered by T.V.THAMILSELVI, J.)
The appellant herein is the petitioner in M.C.O.P.No.36 of
2018 on the file of the learned Judge, Family Court, Namakkal filed by
him seeking divorce by dissolving the marriage between himself and his
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C.M.A.No.4490 of 2019
wife / Sathya/ respondent dated 28.10.2012, on the ground of cruelty
under Section 13(1)(i-a) of the Hindu Marriage Act.
2. The respondent contested the case. On hearing both sides,
the learned Judge, Family Court, Namakkal concluded that the appellant /
petitioner has not proved his case and accordingly, the petition was
dismissed. Aggrieved by the said order, the appellant / Husband has
preferred this Appeal.
3. Heard, Mr.R.Sumithra Chakkravarthi, learned counsel
appearing for the appellant and Mr.M.Jaikumar, learned counsel
appearing for the respondent.
4. At the time of arguments, the respondent also appeared
through her counsel and admitted that the child is under her custody. The
respondent / wife also filed an affidavit and submitted that she has no
objection to allow this CMA by dissolving the marriage by consent. But,
she reserved her right to prosecute F.C.O.P.No.36 of 2018 pending before
the family Court, which was filed by her seeking maintenance for her
minor daughter and herself.
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C.M.A.No.4490 of 2019
5. Even on a perusal of the records, it is revealed that she also
issued notice to the appellant on 01.03.2016, claiming partition of the
immovable property belonging to the petitioner and his family for her
minor daughter. The parties before this Court, i.e., the appellant and the
respondent are Advocate and Advocate Clerk. Hence, both of them know
well about the legal procedures.
6. As the divorce is now sought based on the consent of parties,
Civil Miscellaneous Appeal is allowed. The order passed by the learned
Judge, Family Court, Namakkal in FCOP.NO.36 of 2018 is set aside.
Accordingly, divorce is granted without prejudice to the claim of the
respondent for maintenance as well as the partition of family property of
appellant for her minor daughter and herself. No costs. Consequently,
connected Miscellaneous Petition is closed.
(N.K.K.,J.)
(T.V.T.S.,J.)
19.08.2021
rri
Index: Yes/ No
Speaking order: Yes
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C.M.A.No.4490 of 2019
N.KIRUBAKARAN, J.
and
T.V.THAMILSELVI, J.
rri
C.M.A.No.4490 of 2019
and
C.M.P.No.25390 of 2019
19.08.2021
http://www.judis.nic.in
