R. Suresh Kumar vs Tmt. Ramarathina
2023 Latest Caselaw 5311 Mad

                                                                           CMA.Nos.745 and 746 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 02.06.2023

                                                         CORAM

                            THE HON'BLE MRS. JUSTICE J.NISHA BANU
                                             AND
                   THE HON'BLE MR. JUSTICE D.BHARATHACHAKRAVARTHY
                                  C.M.A.Nos.745 and 746 of 2023
                R. Suresh Kumar                                  ... Appellant in
                                                                       both appeal
                                              vs.
                Tmt. Ramarathina                                ... Respondent in
                                                                        both appeal
                PRAYER IN C.M.A.No.745 of 2023: Civil Miscellaneous Appeal filed under
                Section 28 of the Hindu Marriage Act, 1955 to set aside the order and decretal
                order dated 29.11.2022 in O.P.No. 1230 of 2014 on the file of VII Additional
                Family Court, Chennai, allow the appeal.
                PRAYER IN C.M.A.No.746 of 2023:                Civil Miscellaneous Appeal filed
                under Section 28 of the Hindu Marriage Act, 1955 to set aside the order and
                decreetal order dated 29.11.2022 in O.P.No. 2843 of 2013 on the file of VII
                Additional Family Court, Chennai, allow the appeal.
                                   For Appellant in both appeal : Mr.Om Sai Ram
                                                                 Mr.S.T.Raja
                                        Respondent        : Vakalat not filed
                                                 COMMON JUDGMENT
                          The above appeals have been filed to set aside the order and decretal

                order dated 29.11.2022 in O.P.No. 1230 of 2014 and O.P.No. 2843 of 2013

                respectively on the file of VII Additional Family Court, Chennai.



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                                                                            CMA.Nos.745 and 746 of 2023

                          2. By passage of time, the parties have decided to bury their hatchet and

                compromise the dispute amicably among themselves.                In this regard a

                Memorandum of Compromise dated 28.04.2023 has been filed before this

                Court which has been signed by the appellant and the respondent as well as by

                their respective counsels.

                          3. In terms of the said Memo of Compromise dated 28.04.2023,

                O.P.No.2843 of 2013 on the file of VII Additional Family Court, Chennai,

                shall stand allowed, dissolving the marriage between the appellant and the

                respondent dated 25.04.2012 at Somasundara Nadar Thirumana Maligai and

                consequently, the order passed in O.P.No.1230 of 2014 for restitution of

                conjugal rights shall stand set aside. The Memorandum of Compromise dated

                28.04.2023 shall form part and parcel of the decree. No costs.




                                                                        (J.N.B,J.)    (D.B.C, J.)
                                                                            02.06.2023

                Index:Yes/No
                msv


                Index:Yes/No
                Internet:Yes/No
                Speaking order: Non-speaking order

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                                                CMA.Nos.745 and 746 of 2023



                                                J.NISHA BANU, J.

and D. BHARATHA CHAKRAVARTHY, J.

msv

C.M.A.Nos.745 and 746 of 2023

02.06.2023

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