Madras High Court
Sally Roopavathi vs John Issac Augustine ` on 28 October, 2021
Tr.C.M.P.(MD) No.363 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Tr.C.M.P.(MD) No.363 of 2021
and
C.M.P(MD) No.7373 of 2021
Sally Roopavathi ... Petitioner
Vs.
John Issac Augustine `... Respondent
PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24
of the Code of Civil Procedure, to withdraw the I.D.O.P.No.225 of 2021
on the file of the Family Court, Chengalpattu and transfer the same to
Family Court, Sivagangai to be tried along with I.D.O.P.No.226 of 2021.
For Petitioner : R.Karunanidhi
For Respondent : Mr.K.Chandra Gandhi
ORDER
This Transfer Civil Miscellaneous Petition has been filed by the petitioner /
wife seeking transfer of I.D.O.P.No.225 of 2021, on the file of the Family Court,
Chengalpattu, to the file of the Family Court, Sivagangai to be tried along with
I.D.O.P.No.226 of 2021.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.(MD) No.363 of 2021
2. It is the case of the petitioner that the marriage between the
petitioner and the respondent was solemnized on 02.05.2016 at CSI
Church, Manamadurai, according to Christian rites. Thereafter, due to
matrimonial discord, the petitioner and the respondent were living
separately. The respondent had filed I.D.O.P No.225 of 2021, on the file
of the Family Court, Chengalpattu, seeking dissolution of marriage on the
ground of cruelty and the petitioner had filed I.D.O.P No.226 of 2021, on
the file of the Family Court, Sivagangai, seeking to dissolve the marriage
also on the ground of cruelty. Since the petitioner is a resident of
Sivagangai, she had filed Transfer Civil Miscellaneous Petition seeking to
transfer I.D.O.P No.225 of 2021, on the file of the Family Court,
Chengalpattu, to be tried along with her I.D.O.P.No.226 of 2021.
3.The Transfer Civil Miscellaneous Petition was admitted on
09.09.2021. The respondent appeared before this Court on 01.10.2021 and
by consent of both parties, the matter was referred to the Mediation Centre
attached to this Bench for reaching an amicable settlement between the
spouses. At the mediation, the parties have settled their dispute between
them and that they have agreed to mutually dissolve their marriage
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.(MD) No.363 of 2021
solemnized on 02.05.2016 at CSI Church, Manamadurai, by consent. The
parties have also agreed to withdraw the allegations made against each
other in their respective petitions. During the mediation the
petitioner /wife Sally Roopavathi, had received a sum of Rs.4,00,000/-
(Rupees Four Lakhs only) as permanent alimony in full and final
settlement and all the jewels belonging to the wife were returned back to
her and they have also entered into a settlement/agreement in the presence
of their respective counsels and the mediator. Subsequently, the parties
have also filed a joint memo of compromise before this Court.
4. The learned counsel appearing on either side would submit
that the parties have amicably settled their dispute among them and they
have also decided to dissolve their marriage by mutual consent. They
would submit that the marriage between the petitioner and the respondent
had been solemnized on 02.05.2021 and that they do not have any
children out of the marriage.
5.The learned counsel would further submit that despite the
ernest steps taken by friends, family members and well-wishers of both
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.(MD) No.363 of 2021
parties, they are unable to continue with their matrimonial life and they
have mutually decided to get separated and have also entered into an
agreement.
6.The learned counsel for the petitioner would submit that in
similar circumstances, this Court had earlier while deciding the transfer
applications had granted divorce to parties even at the time of hearing the
transfer petition and would pray that a decree of divorce may be passed.
7.In support of his contention, the learned counsel would rely
on the following judgments of this Court :
(1) A Vs. B reported in 2016(7) MLJ 54
(2) M.Kalpana Sridevi Vs. C.Swaminathan in TR.C.M.P.Nos.897 and 898
of 2019 dated 17.12.2019 and
(3) Keerthana Vs.Bharathiraja reported in 2020 (1) MWN (Civil) 593
8.Earlier the parties have appeared before the Registrar
(Judicial) and they were identified by their respective counsels and the
Registrar (Judicial) has filed a report after verification.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.(MD) No.363 of 2021
9.Now the parties are present before this Court and they were
identified by their respective counsels. This Court enquired both the
parties and both parties submitted that they have entered into a settlement
and they have also withdrawn the allegations made against each other in
their petitions and they have mutually agreed for dissolving their
marriage.
10.The settlement agreement and the joint compromise memo
filed by the parties and the mediation report is taken on record and it
forms part of the Court record.
11.In view of the facts and circumstances and placing reliance
on the submissions made by the counsels and also relying on the
judgments referred to above, this Court feels it appropriate case for grant
of divorce at the stage of deciding the Transfer Civil Miscellaneous
Petition itself.
12.In view of the above, IDOP No.226 of 2021, on the file of
the Family Court, Sivagangai, stands allowed and the marriage
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.(MD) No.363 of 2021
solemnized between the Petitioner and the respondent on 02.05.2016 at
C.S.I Church, Manamadurai according to Christian rites and customs is
dissolved by a Decree of Divorce. Since no further order is required to be
passed in the present Transfer Civil Miscellaneous Petition, this Transfer
Civil Miscellaneous Petition stands disposed of. Consequent to the grant
of divorce by mutual consent on the basis of the Joint Memo of
Compromise dated 04.10.2021, the parties are directed to produce a copy
of this order before the concerned Courts. No costs. Consequently,
connected miscellaneous petition is closed.
28.10.2021
Internet : Yes / No
Index : Yes / No
rm
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.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.(MD) No.363 of 2021
To
1.The Family Court,
Chengalpattu.
2.The Family Court,
Sivagangai.
https://www.mhc.tn.gov.in/judis/
Tr.C.M.P.(MD) No.363 of 2021
A.D.JAGADISH CHANDIRA, J.
rm
Tr.C.M.P.(MD) No.363 of 2021
28.10.2021
https://www.mhc.tn.gov.in/judis/
