Madras High Court
Lakshmi vs M.Mari Sivaram Selvam on 23 September, 2022
C.M.A.(MD)No.217 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.09.2022
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
and
THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
C.M.A.(MD) No.217 of 2022
Lakshmi ... Appellant
Vs.
M.Mari Sivaram Selvam ... Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 28 of the
Hindu Marriage Act, praying to set aside the Judgment and Decree
made in H.M.O.P.No.238 of 2020 passed by the Family Court,
Tirunelveli dated 22.01.2022.
For Appellant : Mr.M.S.Suresh Kumar
For Respondent : Mr.K.S.Sundar Rajan
***
JUDGMENT
(Judgment of the Court was delivered by R.MAHADEVAN, J.)
The Civil Miscellaneous Appeal has been filed by
the appellant/wife, challenging the fair order and decreetal order,
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.217 of 2022
dated 22.01.2022, made in H.M.O.P.No.238 of 2020, by the Family
Court, Tirunelveli, dissolving the marriage, which was solemnized
on 01.02.2013, between the petitioner and the respondent.
2. Heard Mr.M.S.Suresh Kumar, learned counsel for
the appellant and Mr.K.S.Sundar Rajan, learned counsel for the
respondent.
3. Today, when the matter was taken up for hearing,
learned counsel for the parties submitted that pursuant to the
directions of this Court 08.04.2022, the matter was referred to the
Mediation Centre and before the Mediation Centre, the parties,
with the assistance of the Mediator/Conciliator, arrived at an
amicable settlement and thereafter, the appellant and respondent
are living together along with their son.
4. Tamil Nadu Mediation and Conciliation Centre,
Madurai Bench of Madras High Court, Madurai has also sent a copy
of the Mediation Report, dated 29.07.2022, to that effect. In
paragraph No.6 of the Mediation Report it is stated as follows:-
“6. The following settlement has been
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.217 of 2022
arrived at between the parties hereto:-
A. That it is agreed between the
parties that the Civil Miscellaneous Appeal
filed in C.M.A.No.217 of 2022 against the
decree and judgment passed in H.M.O.P.No.
238/2020 by the Hon'ble Family Court,
Tirunelveli, dated 22.01.2022 shall be allowed
the Divorce granted therein shall be set aside.
B. These parties agreed not
they shall reunit and live together along with
their son Minor Srijesh at the matrimonial
home at Chennai and the respondent agrees
to protect the life and interest of the appellant
and their son.”
5. Recording the mediation report dated 29.07.2022
and the submissions of learned counsel appearing for the respective
parties, this Civil Miscellaneous Appeal is allowed and the fair order
and decreetal order of the Family Court, Tirunelveli, dated
22.01.2022, made in H.M.O.P.No.238 of 2020 are set aside. No
costs.
[R.M.D., J.] [J.S.N.P., J.]
23.09.2022
Internet : Yes / No
Index : Yes / No
sj
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.217 of 2022
R.MAHADEVAN, J.
and
J.SATHYA NARAYANA PRASAD, J.
sj
Copy to
The Judge,
Family Court,
Tirunelveli.
C.M.A.(MD) No.217 of 2022
23.09.2022
https://www.mhc.tn.gov.in/judis
