S.Karthik vs P.Hema
2022 Latest Caselaw 18240 Mad

                                                                          C.M.S.A(MD)No.23 of 2021

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   Dated : 19.12.2022

                                                       CORAM

                                    THE HONOURABLE MRS.JUSTICE N.MALA

                                             C.M.S.A(MD)No.23 of 2021



                    S.Karthik                                   ... Appellant / Petitioner

                                                          Vs.

                    P.Hema                                      ... Respondent / Respondent


                    PRAYER : This Civil Miscellaneous Second Appeal is filed under Section 28
                    of Hindu Marriage Act, 1955 read with Section 100 of Code of Civil
                    Procedure, to set aside the judgment and decree, dated 30.11.2020, passed in
                    H.M.C.M.A.No.8 of 2018 on the file of the Additional District and Sessions
                    Court, Sivagangai, confirming the judgment and decree, dated 20.04.2018,
                    passed in H.M.O.P.No.111 of 2017 on the file of the Sub Court, Devakottai.



                                  For Appellant     : M/s.G.Prabhu Rajadurai
                                  For Respondent    : M/s.P.Aju Tagore




                    1/4

https://www.mhc.tn.gov.in/judis
                                                                              C.M.S.A(MD)No.23 of 2021




                                                        JUDGMENT

When the matter was taken up for hearing on 14.12.2022, the learned

Counsels sought time for reporting settlement. Today, when the matter is

taken up for hearing, the learned Counsels on either side have filed a joint

Compromise Memo and they have stated that the parties have mutually agreed

for divorce and a decree for dissolution of marriage may be passed on mutual

consent. The respondent has agreed to withdraw the criminal case pending

against the appellant and his family members, before the learned Judicial

Magistrate, Karaikudi in C.C.No.19 of 2015, renumbered as C.C.No.233 of

2022.

2. Both the parties are present and they have admitted their signature in

the joint Memo of Compromise. When this Court questioned about the

custody of the child, they have submitted that they will prosecute the same in

separate proceedings. In terms of the Memo of Compromise a decree for

divorce is granted on mutual consent. The joint Memo of Compromise is

recorded and it shall form part and parcel of this decree.

https://www.mhc.tn.gov.in/judis C.M.S.A(MD)No.23 of 2021

3. In terms of the above compromise, this Civil Miscellaneous Second

Appeal stands closed. There shall be no order as to costs.

                                                                                 19.12.2022
                    Index          : Yes / No
                    Internet       : Yes / No
                    btr


                    To
                    1.The Sub Court,
                      Devakottai.

2.The Additional District and Sessions Court, Sivagangai.

3.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.M.S.A(MD)No.23 of 2021

N.MALA, J.

btr

C.M.S.A(MD)No.23 of 2021

19.12.2022

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