Madras High Court
Pradeepkumar Kenny vs Selva Bharathi on 20 January, 2023
C.M.A(MD)No.785 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.01.2023
CORAM
THE HON'BLE DR JUSTICE G.JAYACHANDRAN
AND
THE HON'BLE MR JUSTICE SUNDER MOHAN
C.M.A(MD)No.785 of 2015
Pradeepkumar Kenny .. Appellant/Petitioner
Vs.
Selva Bharathi .. Respondent/Respondent
Appeal filed under Section 19 of the Family Court Act, praying this
Court, to set aside the judgment and decree made in I.D.O.P.No.15 of 2014
by the Family Court, Tirunelveli, dated 13.01.2015.
For Appellant :Mr.S.Srikanth,
for M/s.A.P.N Law Associates
For Respondent :Mrs.Selva Bharathi
Party-in-person
Page 1 of 5
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C.M.A(MD)No.785 of 2015
JUDGMENT
DR G.JAYACHANDRAN,J.
and
SUNDER MOHAN,J.
This Civil Miscellaneous Appeal is filed challenging the judgment
and decree dated 13.01.2015 passed in I.D.O.P.No.15 of 2014 by the Family
Court, Tirunelveli.
2.After perusing the content of the joint compromise memo and the
mutual agreement entered between the parties, this Court finds that the
parties on the advise of the elders and to have a peaceful future, they have
reached a compromise and want to peacefully get separated to lead life of
their own choice and the appellant herein has agreed to pay a sum of Rs.13
lakhs as alimony and maintenance. The Demand Draft bearing No.283454,
drawn at Canara Bank, Palayamkottai Branch, dated 11.01.2023 drawn in
favour of P.Selvabharathi, the respondent in produce before this Court and
handed over to the said Selvabharathi.
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C.M.A(MD)No.785 of 2015
3.In view of the above, the respondent Selvabharathi has agreed to
withdraw her maintenance case pending before the Judicial Magistrate
Court, Sivagiri. On the part of the appellant, he has also agreed to withdraw
the criminal complaint in Crime No.977 of 2011 on the file of the
Palayamkottai Police Station, which has been taken on file by the learned
Judicial Magistrate No.1, Tirunelveli in C.C.No.58 of 2012.
4.As far as the merits of the divorce petition is concerned, without
adverting to other allegations, we are convinced about the fact that the
spouse got married in the year 2010 and got separated soon after it has lead
to file IDOP No.151 of 2014 on the file of the District Court, Tirunelveli,
later, transferred to the Family Court Tirunelveli and renumbered as
I.D.O.PNo.15 of 2014. A girl child was born to them in the year 2011 and
she has continuously under the custody of the mother, respondent herein.
For the past 12 years, they have not opted for reuniting and agitating the
case before the Magistrate Court and the Family Court and the case has
prevailed on them, they have consented for mutual separation and arrived at
a compromise and filed a joint compromise memo to that effect.
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C.M.A(MD)No.785 of 2015
5.In the light of the above fact, this Court allowed the Civil
Miscellaneous Appeal in terms of the joint compromise memo and set aside
the order of the trial Court in I.D.O.P.No.15 of 2014, dated 13.01.2015, the
marriage held between the appellant Pradeepkumar and the respondent
Selvabharathi, on 24.05.2010 is dissolved by a decree of divorce by mutual
consent. The joint compromise memo shall form part and parcel of the
judgment. No costs.
(G.J.,J.) (S.M.,J.)
20.01.2023
Index:Yes/No
Internet:Yes/No
Ns
To
1.The Family Court,
Tirunelveli.
2.The Section Officer,
VR Section,
Madurai Bench of Madras
High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.785 of 2015
DR G.JAYACHANDRAN,J.
and
SUNDER MOHAN,J.
Ns
C.M.A(MD)No.785 of 2015
20.01.2023
https://www.mhc.tn.gov.in/judis
