S.Mary Gnanapackiam vs S.John Gunalan
2022 Latest Caselaw 18150 Mad

                                                                      C.M.A(MD)Nos.47 of 2021 & 625 of 2022


                                   BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 13.12.2022

                                                        CORAM:

                                  THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
                                                     and
                                   THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                        C.M.A(MD)Nos.47 of 2021 & 625 of 2022
                                                        and
                                              C.M.P(MD)No.468 of 2021

                 C.M.A(MD)No.47 of 2021:-

                 S.Mary Gnanapackiam                            ... Appellant/Respondent

                                                          vs.

                 S.John Gunalan                                 ... Respondent/Respondent


                 PRAYER : Civil Miscellaneous Appeal filed under Section 55 of the Indian
                 Divorce Act, to set aside the order and decree made in I.D.O.P.No.70 of
                 2014, dated 24.10.2018 passed by the learned Family Judge, Madurai.


                                  For Appellant          : M/s.Chamundi Bose

                                  For Respondent         : Mr.S.Mahesh Babu

                 C.M.A(MD)No.625 of 2022:-

                 S.Mary Gnanapackiam                            ... Appellant/Respondent

                                                          vs.

                 S.John Gunalan                                 ... Respondent/Respondent

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https://www.mhc.tn.gov.in/judis
                                                                        C.M.A(MD)Nos.47 of 2021 & 625 of 2022




                 PRAYER : Civil Miscellaneous Appeal filed under Section 19 of the Family
                 Courts Act, against the Judgment and Decree in I.D.O.P.No.28 of 2013,
                 dated 24.10.2018 passed by the learned Family Judge, Madurai.


                                  For Appellant            : M/s.Chamundi Bose

                                  For Respondent           : Mr.S.Mahesh Babu


                                                   COMMON JUDGMENT

                          [Judgment of the Court was made by D.KRISHNAKUMAR, J.)



                                  C.M.A(MD)No.47 of 2021 is filed by the wife/appellant to set aside

                 the order and decree made in I.D.O.P.No.70 of 2014, dated 24.10.2018

                 passed by the learned Family Judge, Madurai, wherein, the petition filed by

                 the husband/respondent, seeking restitution of conjugal rights, is allowed.



                                  2.C.M.A(MD)No.625 of 2022 is filed by the wife/appellant against

                 the Judgment and Decree made in I.D.O.P.No.28 of 2013, dated 24.10.2018

                 passed by the learned Family Judge, Madurai, wherein, the petition filed by

                 the wife/appellant, seeking divorce, is dismissed.




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                                                                         C.M.A(MD)Nos.47 of 2021 & 625 of 2022


                                  3.When the matter came up for hearing on 12.07.2022, this Court

                 referred C.M.A(MD)No.625 of 2022 before the Mediation and Conciliation

                 Centre attached to this Bench.



                                  4.Both the appellant/wife and the respondent/husband are present

                 before this Court.



                                  5.It is stated that both the parties have arrived at a settlement

                 agreement in the presence of the Mediator/Conciliator. The settlement

                 agreement entered into between the appellant and the respondent, dated

                 08.08.2022, are as follows:



                                   “6.The following settlement has been arrived at between
                          the parties hereto:


                                   A. Both parties agreed to dissolve their marriage held on
                          27.05.2001.


                                   B.   The   respondent   undertakes   to   pay    maintenance
                          continuously at the rate of Rs.4,500/- per month.


                                   C. There is no other claim between the parties.”


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                                                                   C.M.A(MD)Nos.47 of 2021 & 625 of 2022




                           6.The settlement agreement, dated 08.08.2022, filed by the parties,

                 counter-signed by their counsel and the Mediator, is taken on record.



                           7.In the result, C.M.A(MD)Nos.47 of 2021 and 625 of 2022 are

                 allowed in terms of the settlement agreement, dated 08.08.2022 and the

                 marriage solemnized between the appellant and the respondent on

                 27.05.2001 is dissolved by a decree of divorce. No costs. Consequently,

                 connected Miscellaneous Petitions are closed.




                                                       [D.K.K.,J.] & [R.V.,J.]
                                                               13.12.2022

                 Index    : Yes / No
                 Internet : Yes
                 ps




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                                  C.M.A(MD)Nos.47 of 2021 & 625 of 2022




                 To


                 The Judge,
                 Family Court,
                 Madurai.




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                                                C.M.A(MD)Nos.47 of 2021 & 625 of 2022


                                                      D.KRISHNAKUMAR,J.

and

R.VIJAYAKUMAR,J.

ps

ORDER MADE IN C.M.A(MD)Nos.47 of 2021 & 625 of 2022

13.12.2022

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