M.Selvi vs K.Harikrishnan
2024 Latest Caselaw 15648 Mad

Madras High Court

M.Selvi vs K.Harikrishnan on 12 August, 2024

Author: J.Nisha Banu

Bench: J.Nisha Banu

                                                                                 C.M.A.No.327 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 12.08.2024

                                                         CORAM

                                  THE HONOURABLE MRS. JUSTICE J.NISHA BANU
                                                   AND
                                  THE HONOURABLE MRS. JUSTICE R.KALAIMATHI

                                                  C.M.A.No.327 of 2023


                     M.Selvi
                     D/o Muthusamy Mudhaliar                                     ..Appellant

                                                         Vs.

                     K.Harikrishnan,
                     S/o Kothandan                                               ..Respondent

                     Prayer:
                           Civil Miscellaneous Appeal filed under Section 55 of Indian
                     Divorce Act against the fair and decreetal order dated 31.10.2022 passed
                     in HMOP.No.162 of 2019 on the file of the Family Court at Thiruvallur.
                                       For Appellant     : Mr.M.Dhinakaran

                                       For Respondent   : Mr.K.Balaji

                                                      JUDGMENT

(The order of the Court was made by Mrs.J.Nisha Banu,J.)

This Civil Miscellaneous Appeal has been filed by the

appellant/wife against the fair and decreetal order dated 31.10.2022

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

passed in HMOP.No.162 of 2019 on the file of the Family Court at

Thiruvallur, granting decree of divorce.

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

counsel for the appellant and the respondent would state that pending

the appeal, the appellant and the respondent settled the issue among

themselves and they are living together. Learned counsel for the appellant

and the learned counsel for the respondent filed a Joint Memo dated

12.08.2024 duly signed by the parties and their respective counsel.

Learned counsel appearing on either side would state that the Civil

Miscellaneous Appeals may be disposed of in terms of joint

memorandum of compromise.

3. The Joint Memorandum of Compromise dated 12.08.2024 is

extracted hereunder:

JOINT MEMO FILED BY THE APPELLANT AND THE RESPONDENT

1. It is submitted that marriage between the appellant and the respondent has solemnized on 22/06/2008 at M.R.M. Thirumana Mandapam, No.15, Kamaraj Salai, Thiruvallur.

2. The respondent herein filed a divorce petition in H.M.O.P.No.162 of 2019 before the Family Court, Thiruvallur. The same was allowed on

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

31/10/2022. Against the order, the Appellant preferred this appeal.

3. While the appeal is pending, both appellant and respondent herein are compromised and both started to live together happily.

Therefore, herewith both parties are praying that this Hon'ble Court may be pleased to allow this CMA and set aside the divorce order passed by the Family Court, Thiruvallur in H.M.O.P.No.162 of 2019 order dated 31.10.2022 and thus render justice.

4. The above joint memo of compromise is recorded. In view of the

Joint Memo filed by the appellant and the respondent today

(12.08.2024), the fair and decreetal order passed by the learned Family

Court, Tiruvallur in H.M.O.P.No.162 of 2019 dated 31.10.2022 is hereby

set aside. Accordingly, the Civil Miscellaneous Appeal is allowed. The

joint memo dated 12.08.2024, filed by the parties shall form part of the

decree. No costs.

                                                                           (J.N.B,J.)    (R.K.M., J.)
                     Index              : Yes / No                               12.08.2024
                     Internet           : Yes
                     vsi

                     To

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

The Family Court at Thiruvallur

J. NISHA BANU, J.

and R.KALAIMATHI,J.

vsi

12.08.2024

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