M.Senthil Kumar vs S.Inbavalli
2023 Latest Caselaw 11904 Mad

                                                                    C.M.A.Nos.1547 and 1549 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 05.09.2023

                                                    CORAM

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                    and
                              THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

                                         C.M.A.Nos.1547 and 1549 of 2022



                M.Senthil Kumar                              ...appellant in both the appeals


                                                       Vs.

                S.Inbavalli                                  ...respondent in both the appeals


                          Prayer in CMA.No.1547 of 2022: Civil Miscellaneous Appeal filed
                under Section 28 of Hindu Marriage Act,1955 r/w. Section 19 (1) of the
                Family Courts Act 1984 to set aside the judgment and decree passed by the
                learned Principal Judge, Family Court, Chennai in OP.No.2555 of 2017
                dated 27.10.2021.
                          Prayer in CMA.No.1549 of 2022: Civil Miscellaneous Appeal filed
                under Section 28 of Hindu Marriage Act,1955 r/w. Section 19 (1) of the
                Family Courts Act 1984 to set aside the judgment and decree passed by the
                learned Principal Judge, Family Court, Chennai in OP.No.1097 of 2019
                dated 27.10.2021.



https://www.mhc.tn.gov.in/judis
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                                                                      C.M.A.Nos.1547 and 1549 of 2022

                                  For Appellant           : Mr.K.P.Sathish Kumar
                                    (in both the appeals)

                                  For Respondent          : Ms.M.Backiyalakshmi
                                    (in both the appeals)




                                         COMMON JUDGMENT

                         [Judgment of the Court was delivered by R.SUBRAMANIAN, J]



                          These 2 appeals in CMA.Nos.1547 and 1549 of 2022 have been filed

                against the orders of the Principal Family Court, Chennai made in

                OP.Nos.2555 of 2017 and 1097 of 2019.



                          2. O.P.No.2555 of 2017 is a petition filed by the husband seeking

                divorce on the ground of cruelty. O.P.No.1097 of 2019 is a petition filed by

                the wife seeking restitution of conjugal rights. The Family Court, has

                dismissed the O.P. filed by the husband while allowing the O.P. filed by the

                wife. The parties have now entered a compromise and a Joint Compromise

                Memo, dated 21.07.2023 has been filed before this Court. As per the same,

                they have agreed to part ways and they prayed for dissolution of the

                marriage.

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                                                                       C.M.A.Nos.1547 and 1549 of 2022




                          3. It is seen that the parties have been living apart for over a decade

                now and they have agreed upon for divorce. Hence the joint compromise

                memo is recorded. Both the CMAs will stand allowed. There will be a

                decree for dissolution of marriage in O.P.Nos.2555 of 2017 and O.P.1097 of

                2019 will stand dismissed. No costs.




                                                                       (R.S.M.J.) (R.K.M.J.)
                                                                             05.09.2023
                Index         : Yes/No
                Speaking order: Yes/No
                pvs

                To
                1. The Principal Judge,
                   Family Court, Chennai
                2. The Section Officer,
                  VR Section High Court, Madras.




https://www.mhc.tn.gov.in/judis
                Page No.3/4
                                          C.M.A.Nos.1547 and 1549 of 2022

                                           R.SUBRAMANIAN, J.

and R.KALAIMATHI, J.

pvs

C.M.A.Nos.1547 and 1549 of 2022

05.09.2023

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