S.Muthu Srinivasan vs M.Sathya
2022 Latest Caselaw 1074 Mad

                                                                                       C.M.A.No.2220 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 24.01.2022

                                                         CORAM

                                       THE HONOURABLE MR.JUSTICE T.RAJA

                                                          AND

                          THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                                C.M.A.No.2220 of 2019



            S.Muthu Srinivasan                                                     .. Appellant



                                                        Versus




            M.Sathya                                                               .. Respondent



            Prayer: Civil Miscellaneous Appeal has been filed under Section 19 of the Family Court

            Act, 1984, against the fair and decreetal order dated 28.11.2017 passed in F.C.O.P.No.102 of

            2016 by the Family Court, Erode.


                                    For Appellant                : Mr.S.Vinoth Kumar



                                    For Respondent               : Mr.Kaithamalai Kumaran




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


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                                                                                      C.M.A.No.2220 of 2019



                                                     JUDGMENT

(Judgment of the Court was delivered by T.RAJA, J.)

The appellant/husband has filed this appeal challenging the impugned fair and

decreetal order passed by the Family Court, Erode, in F.C.O.P.No.102 of 2016, dated

28.11.2017, rejecting his prayer for dissolution of marriage.

2. When the matter is taken up today, Mr.S.Vinothkumar, learned counsel for the

appellant/husband, and Mr.S.Kaithamalai Kumaran, learned counsel for the

respondent/wife, have filed a Joint Compromise Memo dated Nil, signed by the Notary

Public on 17.01.2022, by which, both parties have mutually agreed for dissolution of their

marriage solemnized on 14.02.2013. It is further stated that the appellant/husband has

paid a sum of Rs.6,50,000/- to the respondent/wife towards permanent alimony and to

substantiate the same, learned counsel for the husband has also produced a copy of the

Demand Draft bearing DD.No.593486, dated 11.01.2022, drawn on State Bank of India,

Erode Branch, in favour of the respondent/wife. Learned counsel for the respondent/wife

has also stated that he has received the said DD from the appellant/husband.

3. This apart, they have also filed a copy of the Agreement for Exchange of Articles

entered between the parties dated Nil, signed on 17.01.2022 by the Notary Public.

4. Therefore, recording the above said Joint Compromise Memo and also https://www.mhc.tn.gov.in/judis

C.M.A.No.2220 of 2019

Agreement for Exchange of Articles, the Civil Miscellaneous Appeal stands allowed.

Consequently, the impugned fair and decreetal order passed by the Family Court, Erode, in

F.C.O.P.No.102 of 2016, dated 28.11.2017, is set aside, and the marriage solemnized on

14.02.2013 between the parties stands dissolved. The above said Joint Compromise Memo

and the Agreement for Exchange of Articles entered between the parties shall form part of

the decree for divorce. No Costs.

(T.R., J.) (D.B.C., J.) 24.01.2022

rkm

To

Family Court, Erode.

T.RAJA, J.

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

C.M.A.No.2220 of 2019

and D.BHARATHA CHAKRAVARTHY, J.

rkm

C.M.A.No.2220 of 2019

24.01.2022

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