Seethabharathi vs Sankara Ganapathy
2023 Latest Caselaw 15473 Mad

Madras High Court

Seethabharathi vs Sankara Ganapathy on 30 November, 2023

                                                                              C.M.A(MD)No.289 of 2021


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 30.11.2023

                                                    CORAM:

                        THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN
                                            and
                            THE HONOURABLE MR.JUSTICE P.B.BALAJI

                                          C.M.A(MD)No.289 of 2021
                                                    and
                                          C.M.P.(MD)No.7054 of 2022




              Seethabharathi                                      ... Appellant/Petitioner
                                                       -vs-


              Sankara Ganapathy                                 ... Respondent/Respondent


              PRAYER: Civil Miscellaneous Appeal has been filed under Section 19 of the
              Family Courts Act, 1984 against the Judgment and Decree, dated 30.08.2018
              made in H.M.O.P.No.110 of 2017 on the file of the Family Court, Tirunelveli.



                              For Appellant         : Mr.P.Prabhakaran

                               For Respondent       : Mr.G.Prabhu Rajadurai




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                                                                           C.M.A(MD)No.289 of 2021



                                                 JUDGMENT

[Order of the Court was made by RMT.TEEKAA RAMAN, J.]

The appeal is directed against the Judgment and Decree, dated 30.08.2018

made in H.M.O.P.No.110 of 2017 on the file of the Family Court, Tirunelveli.

2. Today, when the matter is taken up for hearing, the learned counsel for

both the appellant and the respondent is present.

3. The matter was initially referred to the mediation centre and on

09.11.2023, the mediator was able to bring out the compromise between the

parties and submitted a report that the mediation has completed and that an

agreement of terms had been submitted along with a settlement agreement.

4. Mrs.Seethabharathi, the wife, is appeared through video conferencing,

identified by the learned counsel for the appellant.

5. The learned counsel for the respondent is present and would state that

the party has also signed in the settlement agreement. Though H.M.O.P has been

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filed by the wife on the point of cruelty by the husband, the trial Court has

dismissed the HMOP and hence, she filed the above appeal.

6. Now both the parties have withdrawn the allegations and the counter

allegations made before the trial Court and abide by the terms of the agreement

entered into between the parties before the mediation.

7. As per the agreement signed by the mediation is taken on record, the

Civil Miscellaneous Appeal is allowed and the order dated 30.08.2018 in

H.M.O.P.No.110 of 2017 passed by the learned Family Court, Tirunelveli, is set

aside The marriage between the parties was solemnized on 19.06.2011 stands

dissolved on mutual consent. No costs. Consequently, connected miscellaneous

petition is closed.

                                                                [T.K.R., J.]   [P.B.B., J.]
                                                                       30.11.2023
              NCC      : Yes / No
              Index : Yes / No
              Internet : Yes / No
              sji




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RMT.TEEKAA RAMAN, J.

and P.B.BALAJI, J.

sji

To

1.The Family Court, Tirunelveli.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

and

30.11.2023

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