Madras High Court
Ananthi vs K.Satish Prabhu on 28 July, 2021
C.M.A(MD)NO.611 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM
AND
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
C.M.A(MD)NO.611 of 2021
and
C.M.P(MD)No.5906 of 2021
Ananthi :Appellant/Petitioner/Respondent
/vs/
K.Satish Prabhu :Respondent/Respondent/Petitioner
PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the
Family Courts Act praying this Court to set aside the fair and
decretal order passed in I.A.No.94 of 2019 in H.M.O.P.No.359 of
2016, dated 27.02.2020, on the file of Family Court, Madurai.
For Appellant :Mr.Babu Rajendran
For Respondent :Mrs.Chamundi Bose
JUDGMENT
**************
[Judgment of the Court was made by K.KALYANASUNDARAM,J.]
We heard Mr.Babu Rajendran, learned counsel appearing for
the appellant and Mrs.Chamundi Bose, learned counsel appearing
for the respondent and perused the materials placed before this
https://www.mhc.tn.gov.in/judis/
C.M.A(MD)NO.611 of 2021
Court.
2.This Civil Miscellaneous Appeal is directed against the
order passed by the Family Court, Madurai in I.A.No.94 of 2019 in
H.M.O.P.No.359 of 2016, dated 27.02.2020.
3.The learned counsel for the appellant would state that the
respondent has filed G.W.O.P.No.30 of 2016 for custody of minor
child Gowsik and also filed H.M.O.P.No.359 of 2016 for divorce. It
is also stated that the appellant/wife has filed H.M.O.P.No.310 of
2021 for restitution of conjugal rights. When these Petitions are
pending before the Family Court,the learned counsel pressed only
for the custody application and he also field a proof affidavit.
4.When this Court pointed out that there is no illegality in the
impugned order, the learned counsel suggested that this Civil
Miscellaneous Appeal can be closed with a direction to the Family
Court to dispose of the original Petitions namely, H.M.O.P.No.359 of
2016 and H.M.O.P.No.310 of 2021 by way of joint trial and
G.W.O.P.No.30 of 2016 by way of simultaneous trial, within a time
frame.
https://www.mhc.tn.gov.in/judis/
C.M.A(MD)NO.611 of 2021
5.The learned counsel for the respondent has no objection for
the same and expressed her readiness to co-operate for the
disposal of the cases within the stipulated time.
6.In the light of the above submissions made by the learned
counsels appearing on either side, this Civil Miscellaneous Appeal
is closed, directing the Family Court Madurai to dispose of the
three Original Petitions ie., H.M.O.P.No.359 of 2016 and
H.M.O.P.No.310 of 2021 by way of Joint trial and G.W.O.P.No.30 of
2016 by way of simultaneous trial, within a period of one year
from the date of receipt of a copy of this order.
7.With the above direction, the Civil Miscellaneous Appeal is
closed. No costs. Consequently, connected Miscellaneous Petition is
closed.
[M.K.K.S.,J.] & [B.P.,J.]
28.07.2021
Index:Yes/No
Internet:Yes/No
vsn
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of
https://www.mhc.tn.gov.in/judis/
C.M.A(MD)NO.611 of 2021
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
1.The Judge,
Family Court,
Madurai.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
C.M.A(MD)NO.611 of 2021
K.KALYANASUNDARAM,J.
AND
B.PUGALENDHI, J.
vsn
JUDGMENT MADE IN
C.M.A(MD)NO.611 of 2021
and
C.M.P(MD)No.5906 of 2021
28.07.2021
https://www.mhc.tn.gov.in/judis/
