Madras High Court
A.Emily Sharon vs A.Robin Rath Prakash on 29 November, 2023
C.M.A(MD)No.790 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
AND
THE HONOURABLE MR.JUSTICE P.B.BALAJI
C.M.A(MD)No.790 of 2023
and
C.M.P(MD)No.11198 of 2023
A.Emily Sharon ...Appellant
.vs.
A.Robin Rath Prakash ...Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the
Family Courts Act, 1984, to call for the records relating to the fair and
decreetal order dated 05.04.2023 passed in I.D.O.P.No.672 of 2021, on
the file of the Family Court, Tiruchirappalli and set aside the same.
For Appellant :Mr.R.Gandhi
Senior Counsel
for M/s.Gandhi Associates
For Respondent :Mrs.S.Prabha
1/5
https://www.mhc.tn.gov.in/judis
C.M.A(MD)No.790 of 2023
JUDGMENT
************
[Judgment of the Court was made by RMT.TEEKAA RAMAN.,J.]
This Civil Miscellaneous Appeal has been filed by the wife
challenging the decree of dissolution of marriage granted by the Family
Court, Tiruchirappalli under Section 10(1)(x) of the Indian Divorce Act.
The marriage between the parties was solemnized on 17.01.2019 and
they had no issues. As per the pleadings, they are living separately from
2020 onwards and hence, the husband filed I.D.O.P.No.48 of 2021 before
the Additional District Judge, Srivilliputhur for dissolution of marriage
under Section 10(1)(X) of the Indian Divorce Act on the ground of
cruelty. Subsequently, the case was transferred to Family Court,
Tiruchirappalli and renumbered as I.D.O.P.No.672 of 2021. The Family
Court Judge, Tiruchirappalli allowed the said application. Aggrieved
against the same, the wife has filed the present Civil Miscellaneous
Appeal.
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2. When the matter is pending before this Court, we referred the
matter to the Mediation and Conciliation Centre attached to this Bench
and the Mediator, Madurai Bench of Madras High Court was successful
in completing the Mediation, resulted in arriving at a settlement of
agreement on 06.11.2023. The Mediation report was received by this
Court and the terms of settlement are stated in para-6 of the said
agreement entered between the parties. The terms of agreement which
was agreed to by both the parties, was signed by both the parties and
their counsel respectively.
3. Taking into consideration the terms of agreement in paragraph-6
(a)(b)(c) and paragraph-7, we are of the considered view that the
marriage between the parties stands dissolved by mutual consent as per
Section 10-A of the Indian Divorce Act.
4. Accordingly, the Civil Miscellaneous Appeal is partly allowed
and the marriage solemnized between the appellant and respondent is
dissolved by a decree of divorce by mutual consent under Section 10-A
of Indian Divorce Act. The settlement agreement entered between the
parties shall form part and parcel of the judgment. The allegations and
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counter allegations made by both parties against each other, stands
withdrawn. Consequently, connected miscellaneous petition is closed.
[T.K.R.,J.] [P.B.B.,J.]
29.11.2023
Index:Yes/No
Internet:Yes/No
NCC:Yes/No
am
To
The Family Court,
Tiruchirappalli.
https://www.mhc.tn.gov.in/judis
RMT.TEEKAA RAMAN,J.
AND
P.B.BALAJI,J.
am
29.11.2023
https://www.mhc.tn.gov.in/judis
