Madras High Court
M.Murugeshwari vs N.Balamurugan on 28 July, 2021
C.M.A.Nos.4047 & 4087 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.07.2021
CORAM :
THE HON'BLE MR.JUSTICE N.KIRUBAKARAN
and
THE HON'BLE MS.JUSTICE P.T.ASHA
C.M.A.Nos.4047 & 4087 of 2019
and
C.M.P.Nos.22861 & 23072 of 2019
M.Murugeshwari ...Appellant in both the Appeals
Vs
N.Balamurugan ... Respondent in both the Appeals
COMMON PRAYER : Civil Miscellaneous Appeals filed under
Section 19 (3) of Family Courts Act, 1934 against the common Judgment
and Decree dated 27.06.2019 passed in H.M.O.P.No.3166 of 2010 and
I.A.No.1 of 2019 in H.M.O.P.No.3166 of 2010 on the file of Principal
Family Court, Chennai.
For Appellant in both Appeals : Mr.M.Deivanandam.
For Respondent in both Appeals : Mr.V.Neethidurai.
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C.M.A.Nos.4047 & 4087 of 2019
COMMON JUDGMENT
(Judgment of the Court was delivered by N.KIRUBAKARAN, J)
These matters have been heard through "Video Conference".
2.These Appeals have been preferred by the Appellant / wife
against the allowing of divorce Petition in H.M.O.P.No.3166 of 2010 and
the dismissal of the Petition seeking restitution of conjugal rights in
I.A.No.1 of 2019 in H.M.O.P.No.3166 of 2010 by the Principal Judge,
Principal Family court, Chennai.
3.The Appellant and the Respondent got married on
07.09.2009. After marriage, within two months, they have got separated
on 02.11.2009 and thereafter, the parties cannot reunite. Therefore, the
Respondent filed a divorce Petition in H.M.O.P.No.3166 of 2010 and in
the said Original Petition, the Appellant filed a Petition in I.A.No.1 of
2019 for restitution of conjugal rights. On contest, the divorce Petition
filed by the Respondent was allowed and the petition seeking restitution
of conjugal rights filed by the Appellant was dismissed. Against the said
common Judgment and Decree, these Appeals have been filed by the
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C.M.A.Nos.4047 & 4087 of 2019
Appellant / wife.
4.Heard Mr.M.Deivanandam, Learned Counsel for the
Appellant and Mr.V.Neethidurai, Learned Counsel for the Respondent in
both the Appeals.
5.When the matter is called today, both the parties are present
before this Court through Video Conference and they categorically stated
that they do not want to live together and willing to get separated. In this
regard, memo of compromise dated 26.07.2021 signed by both the parties
and counter signed by their respective Counsel has been filed before this
Court.
6.A perusal of the memo of compromise would reveal that the
Appellant accepted a sum of Rs.4,00,000/- (Rupees Four Lakhs only)
which has been paid by the Respondent / husband by way of demand
draft vide D.D.No.549647, drawn on TM Bank, Royapuram Branch and
they have categorically stated that they have got no claim against each
other and they have also exchanged their articles. It is also stated that in
spite of the divorce decree granted by the trial Court on the ground of
cruelty, both the parties agreed to get the marriage dissolved by mutual
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C.M.A.Nos.4047 & 4087 of 2019
consent.
7.Considering the fact that the Parties are living separately for
more than eleven years and the categorical statement made before this
Court that they do not want to live together and in view of the memo of
compromise, no purpose will be achieved by hearing the matter on
merits.
8.In view of the above, the common order passed by the trial
Court in H.M.O.P.No.3166 of 2010 and in I.A.No.1 of 2019 in
H.M.O.P.No.3166 of 2010 is modified and decree of divorce is granted
by mutual consent. Accordingly, these Civil Miscellaneous Appeals are
disposed of in terms of memo of compromise. The memo of compromise
shall form part of the decree and Judgment. No costs. Consequently,
connected Miscellaneous Petitions are closed.
(N.K.K.,J.) (P.T.A.,J.)
28.07.2021
ay
Index:Yes/No
Internet:Yes/No
Note: Registry is directed to issue order
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C.M.A.Nos.4047 & 4087 of 2019
copy on 06.08.2021.
To
The Principal Family Court,
Chennai.
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C.M.A.Nos.4047 & 4087 of 2019
N.KIRUBAKARAN, J.
and
P.T.ASHA, J.
ay
C.M.A.Nos.4047 & 4087 of 2019
and
C.M.P.Nos.22861 & 23072 of 2019
https://www.mhc.tn.gov.in/judis/
C.M.A.Nos.4047 & 4087 of 2019
Dated: 28.07.2021
https://www.mhc.tn.gov.in/judis/
