Deepika vs Natarajan
2022 Latest Caselaw 10101 Mad

                                                                              C.M.A.No.1188 of 2022

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 14.06.2022

                                                            CORAM:

                                    THE HONOURABLE MS.JUSTICE V.M.VELUMANI
                                                     and
                                     THE HONOURABLE MR.JUSTICE S.SOUNTHAR

                                                   C.M.A.No.1188 of 2022

                  Deepika                                                             ... Appellant

                                                             Vs.

                  Natarajan                                                           ... Respondent

                  Prayer: This Civil Miscellaneous Appeal is filed under Section 19(1) of the

                  Family Court Act, 1984, to set aside the judgment and decree of the Family

                  Court at Namakkal made in F.C.O.P.No.102 of 2018 dated 18.11.2019.

                                            For Appellant     : Mr.K.A.Vimalkumar

                                            For Respondent    : Mr.W.Camyles Gandhi

                                                      JUDGMENT

[Judgment of the Court was delivered by V.M.VELUMANI,J.]

The appellant filed H.M.O.P.No.133 of 2016 before the Sub Court,

https://www.mhc.tn.gov.in/judis C.M.A.No.1188 of 2022

Namakkal, against the respondent, which was subsequently transferred to the

file of the Family Court, Namakkal and renumbered as F.C.O.P.No.102 of

2018. The said F.C.O.P.No.102 of 2018 was filed by the appellant for

dissolution of marriage that took place on 13.11.2009 between the appellant

and respondent. After contest, the said F.C.O.P. was dismissed by the Family

Court, Namakkal, by the judgment and decree dated 18.11.2019.

2.Challenging the said judgment and decree dated 18.11.2019 made in

F.C.O.P.No.102 of 2018, the appellant has come out with the present appeal.

3.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. Both the appellant and respondent submitted that they

have arrived at the settlement and are filing a Joint Memo of Compromise.

The learned counsel appearing for the appellant as well as the respondent

submitted that both the appellant and respondent withdrew all the allegations

made against each other and they will not claim any amount against each

other and prayed for allowing the appeal.

https://www.mhc.tn.gov.in/judis C.M.A.No.1188 of 2022

4.The Joint Memo of Compromise 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,

this Civil Miscellaneous Appeal is allowed. The judgment and decree dated

18.11.2019, passed in F.C.O.P.No.102 of 2018, is set aside and marriage

performed on 13.11.2009 between the appellant and respondent is dissolved.

The Joint Memo of Compromise shall form part of the decree. No costs.

(V.M.V., J) (S.S., J) 14.06.2022

Index : Yes / No gsa Note : Issue order copy on 21.06.2022.

To

1.The Judge, Family Court, Namakkal.

2.The Section Officer, VR Section, High Court, Madras.

https://www.mhc.tn.gov.in/judis C.M.A.No.1188 of 2022

V.M.VELUMANI,J.

and S.SOUNTHAR,J.

(gsa)

C.M.A.No.1188 of 2022

14.06.2022

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