J.Boovana vs L.Chandran
2023 Latest Caselaw 13992 Mad

                                                                             C.M.A(MD)No.376 of 2020


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 18.10.2023

                                                     CORAM:

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

                                              C.M.A(MD)No.376 of 2020


              J.Boovana                                       ... Appellant/ Petitioner

                                                       -vs-

              L.Chandran                                      ... Respondent/Respondent

              PRAYER: Civil Miscellaneous Appeal has been filed under Section 55 of the
              Divorce Act, 1869, r/w Section 19 of Family Court Act, against the Fair and
              Decreetal order dated 16.04.2019 made in I.D.O.P.No.178 of 2018 on the file of
              the Family Court, Nagercoil, Kanyakumari District.


                              For Appellant          : Mr.K.Rajeshwaran

                               For Respondent        : Mr.V.Malaiyendran

                                                   JUDGMENT

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

This Civil Miscellaneous Appeal is directed againt the Fair and Decreetal

order dated 16.04.2019 in I.D.O.P.No.178 of 2018 on the file of the Family Court,

Nagercoil, Kanyakumari District.

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

C.M.A(MD)No.376 of 2020

2. Today, when the matter is taken up for hearing, this Court considering

the submissions made by the learned counsels on either side, referred the matter

to the Mediation Centre and also directed the parties to appear before the

Mediation and Conciliation Centre attached to this Bench.

3. Pursuant to an order passed in the forenoon session, the parties have

appeared before the Tamil Nadu Mediation and Conciliation Centre available at

the Madurai Bench of Madras High Court and the Mediation Centre has

submitted a report today ie., 18.10.2023. The Mediator is able to sort out the

settlement between the parties and the same is recorded in the memo of

compromise settlement and in Paragraph No.6, the following settlement has been

stated:

(a) The appellant/wife and the respondent/husband appeared

before mediation on today, the respondent/husband agreed to give

consent for divorce and no objection in allowing this CMA.

(b) The respondent husband will co-operate in deleting the

appellant and their sons name in the ration card.

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

C.M.A(MD)No.376 of 2020

4. The parties have appeared before us in our Chamber. A memo of

compromise was reaffirmed by explaining the same in Tamil to the parties. The

wife/appellant has waived her claim of maintenance as she is employed and so

also, the respondent/husband has waived his right of custody of the minor child.

The above statements made by the respective parties are hereby recorded and this

Court appreciated the efforts of the Mediator.

5. Accordingly, this Civil Miscellaneous Appeal stands allowed and the

order dated 16.04.2019 in I.D.O.P.No.178 of 2018 passed by the learned Family

Court, Nagercoil, Kanyakumari District, is set aside. The marriage between the

parties stands dissolved. The terms of settlement agreement shall form part of the

decree. No costs.

                                                                [T.K.R., J.]   [P.B.B., J.]
                                                                         18.10.2023
              NCC      : Yes / No
              Index : Yes / No
              Internet : Yes / No
              sji




                ____________

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

C.M.A(MD)No.376 of 2020

RMT.TEEKAA RAMAN, J.

and P.B.BALAJI, J.

sji

To

1.The Family Court, Nagercoil, Kanyakumari District.

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

C.M.A(MD)No.376 of 2020

18.10.2023

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