S.Aruldass vs R.Subalakshmi @ Fuila
2023 Latest Caselaw 6773 Mad

                                                                                 C.M.A.(MD).No.447 of 2021


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                               DATED: 21.06.2023
                                                       CORAM
                             THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
                                           C.M.A.(MD).No.447 of 2021

                S.Aruldass
                                                                                        ... Appellant

                                                        Vs.
                R.Subalakshmi @ Fuila
                                                                                      ... Respondent


                PRAYER: Civil Miscellaneous Appeal has been filed under Section 39 of the
                Special Marriage Act, against the fair and decreetal order made in S.M.O.P.No.
                2 of 2018 on the file of the Principal District Court, Ramanathapuram, dated
                04.09.2019.


                                      For Appellant           : M/s. D.Senthil
                                      For Respondent          : Mr.A.R.Kannappan



                                                JUDGMENT

This appeal has been filed challenging the order of dismissal of the

application filed for dissolution of marriage under Section 27(1) of the Special

Marriage Act.

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

C.M.A.(MD).No.447 of 2021

2. The appellant/husband is the unsuccessful petitioner before the trial

Court. The trial Court has dismissed the application filed for dissolution of

marriage in S.M.O.P.No.2 of 2018 on the file of Principal District Court,

Ramanathapuram. The said S.M.O.P.No.2 of 2018 was dismissed on

04.09.2019.

3. Now, the parties appeared before this Court and submitted that through

the Mediation, they settled the dispute amicably and due to difference of

opinion, it is difficult to continue the marital life. Hence, they decided to

dissolve the marriage by mutual consent and a Memo of Compromise also filed

before this Court. It is also stated that the appellant has also handed over the

Demand Draft for a sum of Rs.4,00,000/- as full and final settlement as

maintenance and the respondent has agreed to receive the same as full quit from

the appellant herein. Further, no claim between the parties.

4. Considering the fact that the parties are residing separately for more

than five years and the application in S.M.O.P.No.2 of 2018 was filed in the

year 2018 and it was also dismissed on 04.09.2019, the period of six months

required for obtaining the divorce by mutual consent is waived. Accordingly,

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

C.M.A.(MD).No.447 of 2021

the marriage between the parties effected on 07.11.2016, is hereby dissolved

by mutual consent, as per Section 28 of the Special Marriage Act.

5. In the result, the Civil Miscellaneous Appeal is disposed of. The

Compromise Memo filed by the parties shall form part of the decree and

judgment. No costs.

21.06.2023

akv

To

The Principal District Court, Ramanathapuram.

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

C.M.A.(MD).No.447 of 2021

N.SATHISH KUMAR,J.

akv

C.M.A.(MD).No.447 of 2021

21.06.2023

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