Madras High Court
A.Antony Sebastin Prakash vs A.L.Girija on 15 June, 2023
2023/MHC/2639
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.M.A(MD)Nos.1195 and 1196 of 2022
and
C.M.P(MD)No.12240 of 2022
C.M.A(MD)No.1195 of 2022
A.Antony Sebastin Prakash :Appellant/Petitioner/Respondent
/vs/
A.L.Girija :Respondent/Respondent/Petitioner
C.M.A(MD)No.1196 of 2022
A.Antony Sebastin Prakash :Appellant/Petitioner/Respondent
/vs/
1.A.L.Kirisha :Ist Respondent/Ist Respondent
/Petitioner
2.Felix Sagayaraj :2nd Respondent/2nd Respondent/
Impleading Party
(Petition amended as per order in I.A.No.9 of 2022,
dated 15.07.2022)
PRAYER in C.M.A(MD)No.1195 of 2022: Civil Miscellaneous
Appeal filed under Section 55 of the Indian Divorce Act against the
fair and decretal order made in I.A.No.6 of 2021 in D.O.P.No.129 of
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2020, dated 1.10.2022, on the file of Family Judge, Tirunelveli and
to set aside the same.
PRAYER in C.M.A(MD)No.1196 of 2022: Civil Miscellaneous
Appeal filed under Section 55 of the Indian Divorce Act against the
fair and decretal order made in I.A.No.7 of 2021 in D.O.P.No.129 of
2020, dated 1.10.2022, on the file of Family Judge, Tirunelveli and
to set aside the same.
C.M.A(MD)No.1195 of 2022
For Appellant :Mr.D.Saravanan
For Respondent :M/s.Issac Mohanlal
for Issac Chambers
C.M.A(MD)No.1196 of 2022
For Appellant :Mr.D.Saravanan
For Respondent-1 :Mr.A.Karthick Kumar
For Respondent-2 :M/s.Issac Mohanlal
for Issac Chambers
COMMON JUDGMENT
************************
These two Civil Miscellaneous Appeals are arising out of the
order of the trial Court dismissing the application to implead the
so-called adulteror and another is to reject the counter-claim to
seek for divorce on the ground of adultery.
2.Since both the appeals are arising out of the orders of the
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trial Court in the same matrimonial proceedings in D.O.P.No.129 of
2020, both the appeals are taken up together.
3.Heard the learned counsel appearing on either side and
perused the materials placed before this Court including the Joint
Compromise Memo filed both the parties.
4.Today both the appellant/husband and the respondent/wife
present before this Court in person and they filed a Joint
Compromise Memo to the effect that in order to separate
peacefully, they decided to dissolve their marriage by mutual
consent and also agreed to waive all the allegations made against
each other in the divorce proceedings. The Joint Compromise
Memo filed before this Court is taken on record. The
appellant/husband and the first respondent/respondent/wife
appeared before this Court and when they are querried by this
Court, both of them accepted to the terms of the Joint
Compromise Memo and agreed to dissolve their marriage by
mutual consent.
5.In such view of the matter, taking note of the fact that
divorce application filed is of the year 2020 and the parties are at
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loggerheads even prior to the filing of divorce petition and are
living separately for more than three years. Considering the
pendency of the divorce petition pending before the trial Court, six
months mandatory period which is termed as cooling period for
seeking divorce, is waived and this Court is inclined to dissolve
their marriage by a decree of divorce by mutual consent instead of
driving the parties once-again to the trial Court, by accepting the
terms of Joint Compromise Memo filed before this Court.
6.Accordingly, both the Civil Miscellaneous Appeals are
disposed of in terms of the Joint Compromise Memo and the
marriage solemnized between the appellant/husband and the
respondent/first respondent/wife on 17.05.2015 is dissolved by a
decree of mutual consent. The Joint Compromise Memo shall form
part and parcel of the judgment and decree. The proceedings filed
by both the parties before the trial Court stands closed. No costs.
Consequently, connected Miscellaneous Petition is closed.
15.06.2023
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
vsn
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To
1.The Judge,
Family Court,
Tirunelveli.
2.The Section Officer,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
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N.SATHISH KUMAR.,J.
vsn
COMMON JUDGMENT MADE IN
C.M.A(MD)Nos.1195 and 1196 of 2022
and
C.M.P(MD)No.12240 of 2022
15.06.2023
https://www.mhc.tn.gov.in/judis
