Madras High Court
I.Prakash vs M.Arulmalar on 9 August, 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.08.2023
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A.(MD)Nos.556 and 608 of 2023
C.M.A.(MD)No.556 of 2023:-
I.Prakash ...Appellant
-Vs.-
M.Arulmalar ...Respondent
PRAYER:- Civil Miscellaneous Appeal filed under Section 19 of Family
Courts Act, 1984, to set aside the decree and order dated 10th April 2023
passed in H.M.O.P.No.307 of 2020 by then Hon’ble Family Court
Madurai and to pass order allowing this appeal duly dissolving the
marriage solemnized on 24.08.2018 at Hotel Breeze Residency, Trichy-1.
For Appellant : Ms.T.Banumathy
For Respondent : Ms.A.S.Shangeetha
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C.M.A.(MD)No.608 of 2023:-
I.Prakash ...Appellant
-Vs.-
M.Arulmalar ...Respondent
PRAYER:- Civil Miscellaneous Appeal filed under Section 19 of Family
Courts Act, 1984, to set aside the decree and order dated 10th April 2023
passed in H.M.O.P.No.1313 of 2019 by then Hon’ble Family Court
Madurai and to pass order allowing this appeal duly dissolving the
marriage solemnized on 24.08.2018 at Hotel Breeze Residency, Trichy-1.
For Appellant : Ms.T.Banumathy
For Respondent : Ms.A.S.Shangeetha
****
COMMON JUDGMENT
(Judgment of the Court was delivered by DR.ANITA SUMANTH, J.)
This matter was referred to mediation on 07.07.2023 and
10.07.2023 (two Civil Miscellaneous Appeals).
2.Today, the parties, Mr.I.Prakash (appellant/husband) and
Mrs.M.Arulmalar (respondent/wife) are present before this Court.
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3.The matter has been settled before the Mediator and a copy
of settlement agreement executed before the Mediator on 02.08.2023 is
placed on record containing the statement that the parties have agreed for
dissolution of the marriage solemnized on 24.08.2018 at Hotel Breeze
Residency, Trichy-1.
4.The appellant has agreed to remit a sum of Rs.5,00,000/-
towards lifetime maintenance and a demand draft in D.D.No.02115
(HDFC Bank) drawn in favour of the respondent was handed over and
accepted by the respondent, as recorded by the Mediator.
5.Thereafter, the parties have entered into a joint memo of
compromise dated 02.08.2023 setting out the terms. Joint memo of
compromise dated 02.08.2023 duly executed by the parties on the
premise that the respondent does not admit the allegations made in the
proceedings, will form part of record.
6.In H.M.O.P.No.307 of 2020, the prayer for divorce had been
rejected by the Family Court, Trichy. In H.M.O.P.No.1313 of 2019 the
prayer for restitution of conjugal rights had been accepted.
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7.In light of the joint memo of compromise dated 02.08.2023,
the prayer for divorce stands decreed and the decree of restitution of
conjugal rights is set aside. The Civil Miscellaneous Appeals are closed
in light of the joint memo of compromise dated 02.08.2023. No costs.
[A.S.M.J.,] & [R.V.J.,]
NCC :Yes/No 09.08.2023
Index :Yes/No
Internet :Yes/No
cmr
To
The Judge, Family Court Madurai.
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DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
cmr
C.M.A.(MD)Nos.556 and 608 of 2023
09.08.2023
https://www.mhc.tn.gov.in/judis
