R.Balachandran vs Muthulakshmi
2023 Latest Caselaw 10196 Mad

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                       DATED: 10.08.2023

                                                           CORAM:

                                  THE HONOURABLE DR.JUSTICE ANITA SUMANTH
                                                    AND
                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                           C.M.A.(MD)Nos.584 and 585 of 2017


                     R.Balachandran                                   ...Appellant in both appeals

                                                              /Vs./

                     Muthulakshmi                                     ...Respondent in both appeals

                     COMMON PRAYER:- Civil Miscellaneous Appeals - filed under Section
                     19 of the Family Courts Act, 1984, to set aside the order and decreetal
                     order in H.M.O.P.Nos.24 and 38 of 2015 dated 30.11.2016 on the file of
                     the Family Court, Sivagangai.


                                    In both appeals:


                                              For Appellant           : Mr.C.Jeya Prakash
                                                                        Government Advocate
                                              For Respondent          : Mr.M.Suresh
                                                                        for Mr.J.Jeyakumaran




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                                              COMMON JUDGMENT


                        (Judgment of the Court was delivered by DR.ANITA SUMANTH , J.)


                                  Both learned counsel had reported 'no instructions' on

                     24.07.2023 and had sought a final opportunity to make an attempt to

                     contact their clients on that date.



                                  2.Today, Mr.C.Jeya Prakash, learned counsel for the appellant

                     reported 'no instructions' and filed a memo to that effect.



                                  3.Mr.Jeyakumaran, learned counsel for the respondent has filed

                     a memo to the effect that the respondent is living separately and is ready

                     and willing to consent to divorce. However, for this Court to either

                     decree divorce or otherwise, it would be necessary for the parties to

                     appear and execute a memo/agreement to such effect. We are unable to

                     do so in the absence of the appellant.




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                                  4.Recording the above position, these writ appeals are closed.

                     No costs.




                                                               [A.S.M.J.,] & [R.V.J.,]
                                                                     10.08.2023
                     NCC      :Yes/No
                     Index    :Yes/No
                     Internet :Yes
                     ta


                     To

                     1.The Family Court, Sivagangai.
                     2.The Section Officer,
                       Vernacular Section,
                       Madurai Bench Of Madras High Court,
                       Madurai.




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                                           DR.ANITA SUMANTH, J.

AND R.VIJAYAKUMAR, J.

ta

Order made in C.M.A.(MD)Nos.584 and 585 of 2017

Dated:

10.08.2023

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