Devakrishnan vs Suhasini
2023 Latest Caselaw 11548 Mad

                                                                              C.M.S.A.No.76 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 30.08.2023

                                                        CORAM :

                                  THE HONOURABLE MR. JUSTICE SUNDER MOHAN

                                                   C.M.S.A.No.76 of 2021

                     Devakrishnan                                             ... Appellant

                                                          Versus


                     Suhasini                                                  ... Respondent

                     PRAYER: Civil Miscellaneous Second Appeal filed under Section 100
                     of the Civil Procedure Code read with Section 28 of the Hindu Marriage
                     Act against the judgment and decree dated 30.04.2021 made in
                     C.M.A.No.03 of 2019, on the file of the Family Court, Cuddalore,
                     confirming the judgment and decree dated 23.08.2018 made in
                     H.M.O.P.No.31 of 2016 on the file of the Principal Subordinate Court,
                     Virdhachalam.


                                  For Appellant         : Mr.B.Balavijayan

                                  For Respondent        : Mr.S.Jeevananthan




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                                                                                   C.M.S.A.No.76 of 2021



                                                         JUDGMENT

This appeal has been filed by the appellant/petitioner challenging

the judgment passed by the Tribunal in C.M.A.No.03 of 2019, dated

dated 30.04.2021.

2.The petition filed by the appellant in H.M.O.P.31 of 2016 for

divorce was dismissed by the Courts below. Challenging the said order,

the appellant preferred appeal in C.M.A.No.03 of 2019, which was also

came to be dismissed. Hence, the instant appeal has been filed.

3.Pending appeal, the parties arrived at compromise and filed Joint

Compromise Memo. As per the Joint Compromise Memo, the parties

agreed to dissolve the marriage by mutual consent. The respondent

agreed to withdraw the complaint filed against the appellant. The

appellant had agreed to return the Gold Articles belonging to the

respondent and he had also paid a sum of Rs.15,00,000/- towards

permanent alimony. The Joint Compromise Memo signed by the parties

and their respective counsel is taken on record.

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C.M.S.A.No.76 of 2021

4.In view of the above, the marriage between the appellant and the

respondent is dissolved by mutual consent. The Civil Miscellaneous

Second Appeal is disposed of in terms of the Joint Compromise Memo.

No costs.

30.08.2023

rst

Index: Yes/No Speaking Order / Non-Speaking Order Neutral Citation: Yes / No

To:

1.The Family Court, Cuddalore

2.The Principal Subordinate Court, Virdhachalam.

3.The Section Officer, VR Section, High Court, Madras.

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C.M.S.A.No.76 of 2021

SUNDER MOHAN, J.

rst

C.M.S.A.No.76 of 2021

30.08.2023

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