Madras High Court
M.Logeshwaran vs P.Ponni @ Hema on 2 November, 2022
C.M.A.Nos.3003 & 3004 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.11.2022
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI
and
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
C.M.A.Nos.3003 & 3004 of 2019
and
C.M.P.No.16191 of 2019
M.Logeshwaran .. Appellant
(in both appeals)
Vs.
P.Ponni @ Hema .. Respondent
(in both appeals)
Common Prayer: These Civil Miscellaneous Appeals are filed under
Section 19(1) of the Family Courts Act, 1984, against the common order
and decree dated 19.02.2019 made in O.P.Nos.1841 & 4487 of 2014 on
the file of the V Additional Family Court, Chennai.
(In both appeals):
For Appellant : Mr.G.Thangavel
For Respondent : Mr.D.Nellaiappan
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C.M.A.Nos.3003 & 3004 of 2019
COMMON JUDGMENT
(Judgment of the Court was delivered by V.M.VELUMANI,J.)
The respondent / wife filed O.P.No.1841 of 2014 on the file of the
Family Court, Chennai under Section 9 of the Hindu Marriage Act, 1955,
for a direction to the appellant / husband to render conjugal rights to the
respondent / wife.
2.The appellant / husband filed O.P.No.4487 of 2014 on the file of
the Sub Court, Poonamallee under Section 13(1) (i-a) of the Hindu
Marriage Act, 1955, to dissolve the marriage conducted between the
appellant and respondent on 15.03.2013.
3.The respondent / wife filed counter in H.M.O.P.No.4487 of 2014
and denied all the averments made by the appellant / husband in the said
H.M.O.P.No.4487 of 2014. The appellant / husband filed counter in
H.M.O.P.No.1841 of 2014 and denied all the averments made by the
respondent / wife in the said H.M.O.P.No.1841 of 2014.
4.By the common order dated 19.02.2019, O.P.No.1841 of 2014
filed by the respondent / wife for restitution of conjugal rights was allowed
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C.M.A.Nos.3003 & 3004 of 2019
and H.M.O.P.No.4487 of 2014 filed by the appellant / husband for
dissolution of the marriage conducted between the appellant and
respondent on 15.03.2013 was dismissed.
5.Challenging the said common order dated 19.02.2019 dismissing
H.M.O.P.No.4487 of 2014 and allowing H.M.O.P.No.1841 of 2014, the
appellant / husband has come out with the present 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 02.11.2022 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.
7.The Joint Memo of Compromise dated 02.11.2022, duly signed by
both the appellant as well as respondent and their respective counsel is
taken on file and the same is recorded.
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C.M.A.Nos.3003 & 3004 of 2019
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 02.11.2022. The Joint Memo of Compromise
dated 02.11.2022 shall form part of the decree. Consequently, the
connected Miscellaneous Petition is closed. No costs.
(V.M.V., J) (S.M., J)
02.11.2022
krk
Index : Yes / No
Internet : Yes / No
To
1.The V Additional Principal Judge,
Family Court,
Chennai.
2.The Section Officer,
VR Section,
High Court,
Madras.
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C.M.A.Nos.3003 & 3004 of 2019
V.M.VELUMANI, J.
and
SUNDER MOHAN, J.
krk
C.M.A.Nos.3003 & 3004 of 2019
02.11.2022
https://www.mhc.tn.gov.in/judis
