Madras High Court
M.Veeralakshmi vs Sathish Kumar on 11 June, 2021
C.M.A.No.312 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.06.2021
CORAM:
The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM
AND
The Hon'ble Mrs.JUSTICE S.ANANTHI
C.M.A.(MD).No.312 of 2020
M.Veeralakshmi
...Petitioner
Vs.
Sathish Kumar ....Respondent
PRAYER: Civil Miscellaneous Appeal is filed under Section 19 of the
Family Courts Act, 1984 r/w Section 28 of the Hindu Marriage Act,
1955, praying to allow this C.M.A by setting aside the Order and Decree
made in H.M.O.P.No.35 of 2018, dated 19.11.2019 on the file of the
Family Court, Srivilliputtur.
For Petitioner : Mr.M.Thirunavukkarasu
For Respondent : Mr.T.Satheesh Kumar,
Party in Person.
1/6
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C.M.A.No.312 of 2020
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
This Appeal has been filed by the wife challenging the order
passed by the Family Court, Srivilliputhur dismissing the H.M.O.P.No.35
of 2018 filed by the appellant for a decree of divorce to desolve the
marriage between the appellant and the respondent which was
solemnized on 23.02.2017. During the pendency of the appeal, the
parties have entered into a compromise and joint memo of compromise
had been filed by the appellant/wife and the respondent/husband. The
Memo of Compromise is as follows;
“1. That the appellant / Wife has already
obtained the jewels from her husband /
Respondent, which was given by her parents
during the time of their marriage. There are no
movables and immovables properties of the
Appellant / Wife in possession of the Respondent /
Husband and the same is hereby admitted by the
Appellant / Wife.
2. That the Respondent / Husband agreed to
give his consent for granting divorce to dissolve
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C.M.A.No.312 of 2020
the marriage solemnized on 23.02.2017 between
him and the Appellant / Wife. Moreover either
party have no objection in getting married to any
other person.
3. That the Appellant / Wife agrees that she
will not initiate any proceedings against the
Respondent/ Husband seeking for maintenance
and also agrees that she will not initiate any suit
seeking for rights in the properties of the
Respondent / Husband. Out of the said wedlock
there are no issues to them.”
2. The appellant/M.Veeralakshmi has appeared before this Court
through Video conferencing and the counsel for the appellant has also
appeared. The respondent/husband Sathish Kumar has appeared through
video conferencing, but, he has appeared in person and he has not
engaged any counsel. The appellant has been identified by the learned
counsel appearing for the appellant and the respondent Sathish Kumar is
also present in the office of the counsel for the appellant and he has also
been identified.
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C.M.A.No.312 of 2020
3. Thus, we record the joint of memo of compromise between the
appellant and the respondent and accordingly, C.M.A.No.312 of 2020 is
allowed based on the joint memo of compromise. Consequently,
H.M.O.P(No.).35 of 2018 is allowed and a decree of divorce is passed
dissolving the marriage solemnized between the appellant and the
respondent on 23.02.2017. The parties have agreed that they have no
claim against each other in the joint memo of compromise and the same
is placed on record. The joint Memo of compromise may form part and
parcel of this Judgement.
(T.S.S.,J.) (S.A.I.,J.)
11.06.2021
Index : Yes/No
Internet : Yes/No
kmm
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.
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C.M.A.No.312 of 2020
To
The Family Court, Srivilliputtur.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.312 of 2020
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
kmm
Order made in
C.M.A(MD).No.312 of 2020
Dated:
11.06.2021
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