Madras High Court
Gayathri vs J.Gowdhaman @ Ganesh Kumar on 25 October, 2024
Author: J.Nisha Banu
Bench: J.Nisha Banu
C.M.A.No.527 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS. JUSTICE R.KALAIMATHI
C.M.A.No.527 of 2024
Gayathri ..Appellant
Vs.
J.Gowdhaman @ Ganesh Kumar ..Respondent
Prayer: The Civil Miscellaneous Appeal is filed under Section 19 of the
Family Courts Act, 1984, against the fair and decreetal order dated
10.11.2023 passed by the III Additional Principal Family Court, at
Chennai in H.M.O.P.No.2456 of 2019.
For Appellant : Mr.N.A.Nassair Hussain
For Respondent : Mr.D.Logendiran
JUDGMENT
(Judgment of the Court was delivered by J.Nisha Banu, J )
This Civil Miscellaneous Appeal has been filed by the
appellant/wife against the fair and decreetal order dated 10.11.2023
passed by the III Additional Principal Family Court, Chennai, in which,
the petition filed by the appellant/wife for annulment of marriage was
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dismissed.
3. Today, when the matter is taken up for hearing, the learned
counsel for the appellant as well as the learned counsel for the respondent
would state the appellant and the respondent had resolved all the issues
between themselves and they have mutually agreed for divorce and they
have also filed a joint memo of compromise dated 25.10.2024 which is
duly signed by the parties and their respective counsel. Learned counsel
appearing on either side would also state that the Civil Miscellaneous
Appeal may be disposed of in terms of joint memo of compromise filed
by the parties and that the marriage dated 14.11.2018, performed between
the parties may be dissolved.
4. The joint consent memo filed by the parties dated 25.10.2024 is
extracted hereunder:
JOINT MEMO OF COMPROMISE
This joint memo of compromise entered into at
Chennai this the 23rd day of October 2024
between the appellant and the respondent herein is
as follows:
1. It is submitted that the appellant and the
respondent married as per Hindu rites and
customs on 14.11.2018 and in the wedlock, they
have no offspring.
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2. The appellant herein filed HMOP No.2456 of
2019 on the file of III Additional Family Court,
Chennai against the respondent herein under
Section 12(1)(a) of the Hindu Marriage Act, 1955
to declare the marriage as nullity. The said HMOP
No.2456 of 2019 came to be dismissed by fair and
decretal order dated 10.11.2023. Against the same,
the appellant herein has filed the above
CMA.No.527 of 2024.
3. The appellant and the respondent have
amicably resolved all issues between them and as
they been living separately for more than six years
from 2018-2024 and have not been able to live
together and co-habit, have resolved to dissolve
their marriage by mutual consent.
4. The respondent has agreed to handover all he
belongings of the appellant viz., Silver articles
No., Tumbler - 2 Nos. Sandalpaste bowl-1 No.,
Kungumasimizh-1 No, Keychain-1 No. anklets - 1
pair, apart from all her clothes and sarees kept in
the almirah before this Hon'ble Court on the date
of hearing while recording this memo of
compromise. Excepting the above said articles, the
appellant and respondent have taken back their
respective belongings and valuables and there is
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no claim whatsoever in this regard.
5. The appellant and the respondent declare that
there is no other civil or criminal case or police
complaint against each other.
6. The appellant and the respondent shall not
claim any present/ past or future maintenance at
any point of time.
7. The appellant and the respondent have entered
into this Joint Memo of Compromise without any
force, fraud, coercion or undue influence and out
of their own free will land volition.
8. The appellant and the respondent therefore pray
that their marriage solemnized as per Hindu rites
and customs on 14.11.2018 be dissolved by mutual
consent and henceforth the appellant and the
respondent shall cease to be husband and wife.
9. This memo of compromise shall form part of
the decree in CMA No.527 of 2024.
It is therefore humbly prayed that this
Hon'ble Court may be pleased to record the above
joint memo of compromise and dissolve the
marriage of the appellant and the respondent
solemnised on 14.11.2018 by mutual consent by
virtue of Section 13B of the Hindu Marriage Act,
1955 and thus render justice.
5. The above joint memo of compromise filed by the parties is
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recorded.
6. In view of the above joint memo of compromise filed by the
appellant and the respondent, the order and decreetal order dated
10.11.2023 passed by the III Additional Principal Family Judge, Chennai
in HMOP.No.2456 of 2019 are hereby set aside and the marriage
solemnized between the appellant and the respondent on 14.11.2018 is
dissolved and a decree of divorce is granted. Accordingly, the Civil
Miscellaneous Appeal is disposed of in terms of the joint memo of
compromise filed by the parties. The above joint memo of compromise
dated 25.10.2024 shall form part of the decree. No costs.
(J.N.B,J.) (R.K.M., J.)
Index : Yes / No 25.10.2024
Internet : Yes
vsi
To
The III Additional Principal Family Court,
Chennai
J. NISHA BANU, J.
and
R.KALAIMATHI, J.
vsi
https://www.mhc.tn.gov.in/judis
25.10.2024
https://www.mhc.tn.gov.in/judis
