Madras High Court
S.Shankara Narayanan vs T.Suganya on 6 July, 2022
C.M.A.Nos.4005 & 4006 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.M.A.Nos.4005 & 4006 of 2019
and C.M.P.Nos.22632 & 22638 of 2019
S.Shankara Narayanan ... Appellant
in both the appeals
Vs.
T.Suganya ... Respondent
in both the appeals
Common Prayer: These Civil Miscellaneous Appeals are filed under Section
28 of the Hindu Marriage Act, 1955 read with Section 19 of Family Court
Act, 1984, to set aside the common order and decree dated 27.04.2019 made
in O.P.Nos.4163 & 4164 of 2018 on the file of the Principal Family Court,
Chennai.
(In both the appeals)
For Appellant : Mr.R.Thamaraiselvan
For Respondent : Mr.R.Abdul Mubeen
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C.M.A.Nos.4005 & 4006 of 2019
COMMON JUDGMENT
[Judgment of the Court was delivered by V.M.VELUMANI,J.]
The appellant/husband filed H.M.O.P.No.53 of 2017 under
Section 13 (1) (ia) of the Hindu Marriage Act, 1955 for dissolution of
marriage that was conducted on 28.11.2014 between the appellant and
respondent. The respondent/wife filed F.C.O.P.No.180 of 2017 under Section
9 of the Hindu Marriage Act, for restitution of conjugal rights. The said
H.M.O.P. and F.C.O.P. were transferred to the file of the Principal Judge,
Family Court at Chennai and renumbered as H.M.O.P.Nos.4164 and 4163 of
2018 vide order of this Court dated 05.06.2018, made in Tr.C.M.P.Nos.1029
and 1030 of 2017. By the common judgment dated 27.04.2019, the said
H.M.O.P.No.4163 of 2018 filed by the respondent was allowed and
F.C.O.P.No.4164 of 2018 filed by the appellant was dismissed. Against the
said common order, the appellant has come out with the present two appeals.
2.When the matter is taken up for hearing today, both the appellant and
respondent appeared before this Court. They were identified by their
respective counsel. The learned counsel appearing for the appellant and
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C.M.A.Nos.4005 & 4006 of 2019
respondent along with the parties represented that the parties have arrived at
the settlement and are filing a Joint Memo of Compromise, duly signed by
both the appellant as well as respondent and their respective counsel and
prayed for passing of decree by mutual consent. Both the appellant and
respondent mutually agrees for divorce and prayed for dissolution of
marriage conducted between them on 28.11.2014.
3.The Joint Memo of Compromise dated 06.07.2022, duly signed by
both the appellant as well as respondent and their respective counsel is taken
on file and the same is recorded. Recording the Joint Memo of Compromise
and the submissions of the learned counsel appearing for the appellant as well
as the respondent, these Civil Miscellaneous Appeals are disposed of by
dissolving the marriage conducted between the appellant and respondent on
28.11.2014. The Joint Memo of Compromise dated 06.07.2022 shall form
part of the decree. Consequently, connected Miscellaneous Petitions are
closed. No costs.
4.The learned counsel appearing for the appellant submitted that the
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C.M.A.Nos.4005 & 4006 of 2019
appellant will upload the settlement deed to be executed in favour of one
Niviin Saai, son of the appellant and respondent, on 11.07.2022 and
subsequently, Registration will be on 12.07.2022. The appellant also
undertakes to send all the household articles of the respondent mentioned in
the Joint Memo of Compromise and Affidavit of Assets to the respondent's
house on or before 12.07.2022.
Post the matter for 'reporting compliance' on 15.07.2022.
(V.M.V., J) (S.S., J)
06.07.2022
Index : Yes / No
gsa
Note: Issue order copy on 07.07.2022.
To
1.The Principal Judge,
Family Court,
Chennai.
2.The Section Officer,
VR Section,
High Court, Madras.
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C.M.A.Nos.4005 & 4006 of 2019
V.M.VELUMANI,J.
and
S.SOUNTHAR,J.
(gsa)
C.M.A.Nos.4005 & 4006 of 2019
06.07.2022
https://www.mhc.tn.gov.in/judis
