Madras High Court
Ramu Muthuraman vs Sithalechumi Narayanan on 1 November, 2022
C.M.A.Nos.1564 & 1565 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.11.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.Nos.1564 & 1565 of 2021
and
C.M.P.Nos.8164 of 2021 & 16251, 16252 of 2022
Ramu Muthuraman .. Appellant
(in both appeals)
Vs.
Sithalechumi Narayanan .. Respondent
(in both appeals)
Common Prayer: These Civil Miscellaneous Appeals are filed under
Section 19 of the Family Courts Act, 1984, against the common order
and decree dated 19.01.2021 made in H.M.O.P.Nos.357 & 536 of 2017
on the file of the Additional Principal Family Court, Coimbatore.
(In both appeals):
For Appellant : Mr.C.T.Prabhakar
For Respondent : Ms.A.L.Ganthimathi
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C.M.A.Nos.1564 & 1565 of 2021
COMMON JUDGMENT
(Judgment of the Court was delivered by V.M.VELUMANI,J.)
The appellant / husband filed H.M.O.P.No.357 of 2017 on the file
of the Family Court, Coimbatore under Section 9 of the Hindu Marriage
Act, 1955, for restitution of conjugal rights for a direction to the
respondent to join with the appellant and lead a married life.
2.The respondent / wife filed H.M.O.P.No.536 of 2017 on the file
of the Family Court, Coimbatore under Section 12(a) R/W 13(1) (i-a) (iii)
of the Hindu Marriage Act, 1955, to declare the marriage between the
respondent and appellant held on 17.06.2010 as null and void.
3.The appellant / husband filed counter in H.M.O.P.No.536 of
2017 and denied all the averments made by the respondent / wife in the
said H.M.O.P.No.536 of 2017. The respondent / wife filed counter in
H.M.O.P.No.357 of 2017 and denied all the averments made by the
appellant / husband in the said H.M.O.P.No.357 of 2017.
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C.M.A.Nos.1564 & 1565 of 2021
4.By the common order dated 19.01.2021, H.M.O.P.No.536 of
2017 filed by the respondent / wife was decreed by annulling the
marriage conducted between the appellant and respondent on 17.06.2010
and H.M.O.P.No.357 of 2017 filed by the appellant / husband for
restitution of conjugal rights was dismissed.
5.Challenging the said common order dated 19.01.2021 dismissing
H.M.O.P.No.357 of 2017 and decreeing H.M.O.P.No.536 of 2017, the
appellant / husband has come out with the present two appeals.
6.When these matters are taken up for hearing today, the learned
counsel appearing for the appellant as well as the respondent submitted
that the matter has been settled between the appellant and respondent,
they filed Joint Memo of Compromise dated 01.11.2022 duly signed by
the appellant, respondent and their respective counsel and agreed for
passing decree of divorce by mutual consent in terms of Joint Memo of
Compromise. Both the learned counsel appearing for the appellant and
respondent submitted that parties will exchange their articles on or before
19.11.2022 and prayed to list the matter on 21.11.2022 for reporting
compliance.
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C.M.A.Nos.1564 & 1565 of 2021
7.The Joint Memo of Compromise dated 01.11.2022, duly signed
by both the appellant as well as respondent and their respective counsel
is taken on file and the same is recorded. As per the Joint Memo of
Compromise, the respondent / wife will return all the articles to the
appellant / husband, except Sl.No.06 of annexure to the Joint Memo of
Compromise.
8.Recording the Joint Memo of Compromise and the submissions
of the learned counsel appearing for the appellant as well as the
respondent, both the Civil Miscellaneous Appeals are disposed of in
terms of Joint Memo of Compromise dated 01.11.2022. The Joint Memo
of Compromise dated 01.11.2022 shall form part of the decree.
Consequently, the connected Miscellaneous Petitions are closed. No
costs.
9.Post the matter 'for reporting compliance' on 21.11.2022.
(V.M.V., J) (S.M., J)
01.11.2022
krk
Index : Yes / No
Internet : Yes / No
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C.M.A.Nos.1564 & 1565 of 2021
To
1.The Additional Principal Judge,
Family Court,
Coimbatore.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.Nos.1564 & 1565 of 2021
V.M.VELUMANI, J.
and SUNDER MOHAN, J.
krk
C.M.A.Nos.1564 & 1565 of 2021
01.11.2022
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