Citation : 2021 Latest Caselaw 23084 Mad
Judgement Date : 25 November, 2021
CMA No.3277 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2021
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.A.No.3277 of 2021 and CMP.No.18598/2021
P.Deepak Kumar ... Appellant
-vs-
Poonam Negi ... Respondent
Civil Miscellaneous Appeal filed under Section 19 of the Family
Court Act, 1984, against the Fair and decreetal order dated
05.08.2021 made in I.A.No.4 of 2021 in O.P.No.3109/2020 on the file
of the learned V Additional Principal Family Court, Chennai.
For Appellant : Mr.S.Namasivayam
For Respondent : Mr.R.Y.George Williams
1/4
https://www.mhc.tn.gov.in/judis
CMA No.3277 of 2021
JUDGMENT
(Judgment of the Court was pronounced by T.RAJA, J.)
This Civil Miscellaneous Appeal has been preferred against the
fair and decreetal order dated 05.08.2021 passed in I.A.No.4 of 2021
in O.P.No.3109/2020 by the learned V Additional Principal Judge, V
Additional Principal Family Court, Chennai.
2. To-day when the matter was called, learned Counsels
appearing for the appellant-husband and the respondent-wife made a
same statement one after the other that the parties are prepared to
live together.
3. Since the parties have agreed for reunion, welcoming their
whole hearted decision for reunion, we hereby direct the respondent-
wife to come back to the matrimonial home at 4/G2-7th Main Road,
Shri Kaligambal Castle, Vijayanagar, Velachery, Chennai-42 on
02.12.2021. Since it was stated that the respondent-wife is at present
in New Delhi taking care of her sickly father, she can come back to her
matrimonial home to join her husband.
https://www.mhc.tn.gov.in/judis CMA No.3277 of 2021
4. In the result, the Civil Miscellaneous Appeal is disposed of
accordingly. No costs. Consequently, connected Miscellaneous
Petition is closed.
(T.R.J.,) (D.B.C.J.,)
tsi 25.11.2021
To
The V Additional Principal Judge, V Additional Principal Family Court, Chennai.
https://www.mhc.tn.gov.in/judis CMA No.3277 of 2021
T.RAJA, J.
and D.BHARATHA CHAKRAVARTHY, J.
tsi
C.M.A.No.3277/2021
25.11.2021
https://www.mhc.tn.gov.in/judis CMA No.3277 of 2021
CMA.No.3277 of 2021
T.RAJA, J.
and D.BHARATHA CHAKRAVARTHY, J.
(Order of the Court was made by T.RAJA, J.) This Civil Miscellaneous Appeal was listed to-day under the
caption, 'for being mentioned' at the instance of the learned Counsel
for the respondent-wife.
2. Learned Counsel appearing for the respondent-wife
submitted that in the order dated 25.11.2021 passed in CMA.No.3277
of 2021, this Court has directed the respondent-wife to come back to
the matrimonial home at 4/G2-7th Main Road, Shri Kaligambal Castle,
Vijayanagar, Velachery, Chennai-42 on 02.12.2021 wherein the
appellant-husband's sister is also staying. Therefore, since there is an
apprehension on the mind of the respondent-wife that the appellant's
sister may disturb the peaceful matrimonial life of the respondent, she
has requested the appellant-husband to come and live separately in
her residence at Block-A, No.208, Color Berry Apartment, Kazhipattur,
Padur, Kancheepuram-603 103.
3. In reply, learned Counsel for the appellant-husband
https://www.mhc.tn.gov.in/judis CMA No.3277 of 2021
submitted that the apprehension of the respondent-wife is unfounded
because the appellant's sister is not at all staying with the appellant at
present and at no point of time, she will come and stay permanently
with the appellant unless there is a courtesy visit as and when
required. He further submitted that the in-laws of the respondent-wife
will be staying with them only and at present, the mother-in-law is out
of station due to her official work. He has also given assurance that
there will not be any future problem from the side of the appellant-
husband.
4. At this stage, learned Counsel for the respondent-wife also
stated that if it is so, then the respondent-wife also will not create any
problem. The statements made by both the learned Counsels for the
appellant and the respondent are recorded.
5. Hoping that both the parties will lead a happy matrimonial
life as an ideal couple, post the matter in the first week of April, 2022,
'for reporting compliance'.
(T.R.J.,) (D.B.C.J.,)
08.12.2021
tsi
https://www.mhc.tn.gov.in/judis CMA No.3277 of 2021
T.RAJA, J.
and D.BHARATHA CHAKRAVARTHY, J.
tsi
CMA.No.3277 of 2021
08.12.2021
https://www.mhc.tn.gov.in/judis CMA No.3277 of 2021
https://www.mhc.tn.gov.in/judis
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