Michael Leo Valan @ M.Leo Valan vs Annie Vanitha
2022 Latest Caselaw 8823 Mad

                                                                                     C.M.A(MD)No.412 of 2022


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED :26.04.2022

                                                          CORAM:

                                   THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                     and
                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                                   C.M.A(MD)No.412 of 2022


                 Michael Leo Valan @ M.Leo Valan                   ... Appellant/Petitioner

                                                            -vs-

                 Annie Vanitha                                     ... Respondent/Respondent

                 PRAYER: Appeal filed under Section 19 of Family Courts Act r/w Section 55 of
                 Indian Divorce Act, to call for the records and set aside the Fair and Executable
                 order in I.D.O.P.No.870 of 2021, dated 14.12.2021 passed by the learned Family
                 Court Judge, Madurai and pass further orders on the basis of joint compromise
                 memo, dated 24.11.2021 and allow this appeal.


                                  For Appellant      : Mr.N.Ananthapadmanabhan

                                  For Respondent     : Mr.K.Gnanasekaran




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https://www.mhc.tn.gov.in/judis
                                                                               C.M.A(MD)No.412 of 2022



                                                    JUDGMENT

R.SUBRAMANIAN,J AND N.SATHISH KUMAR,J

Aggrieved by the refusal of the learned Judge, Family Court,

Madurai to record the compromise, the parties are on appeal before us.

2. The parties entered into a compromise pending divorce

proceedings under the Indian Divorce Act in I.D.O.P.No.870 of 2021. The

learned Judge, Family Court, Madurai refused to record the compromise on the

ground that cruelty has not been established. The learned Judge, Family Court,

Madurai has misunderstood the provisions of Sub-Section (1) of Section 10(a) of

the Divorce Act introduced in the year 2001. In any event, the parties have now

entered into the compromise and the Joint Compromise Memo, dated 26.04.2022

has been filed. The said Joint Compromise Memo is taken on file. The parties

are present and they are affirmed the factum of compromise.

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.412 of 2022

3. Taking note of the fact that they have been living separately for

more than two years and considering the fact that the parties are litigating for

more than 6 months, the six months cooling period is waived. In view of the

compromise I.D.O.P.No.870 of 2021, on the file of the Family Court, Madurai

will stand allowed and the marriage will stands dissolved and the memo of

compromise shall form part and parcel of the decree. It is stated that the payment

agreed that has been paid.

4. In view of the above, the Civil Miscellaneous Appeal is disposed

of. No costs.

                 Index : No                                    [R.S.M.,J.]       [N.S.K.,J.]
                 Internet : Yes                                        26.04.2022
                 am




                 To:
                 The Family Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.A(MD)No.412 of 2022

R.SUBRAMANIAN, J.

and N.SATHISH KUMAR, J.

am

C.M.A(MD)No.412 of 2022

26.04.2022

https://www.mhc.tn.gov.in/judis