Madras High CourtCMSA/37/2012disposed of

P.Aruna v. R.Vivekananda Reddy

2019-06-11Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2019

CORAM

THE HON'BLE MR.JUSTICE T.RAJA C.M.S.A.No.37 of 2012 and M.P.No.1 of 2012 P.Aruna ..Appellant/Respondent Vs.

R.Vivekananda Reddy ..Respondent/Petitioner Prayer : Civil Miscellaneous Second Appeal under Section 28 of Hindu Marriage Act against the judgment and decree passed by the District Judge, Krishnagiri in C.M.A.No.20 of 2010 dated 24.07.2012 confirming the judgment and decree passed by the Sub Judge, Hosur in H.M.O.P.No.51 of 2005 dated 25.01.2010. For Appellant : Mr.V.Raghavachari For Respondent : Mr.P.Subba Reddy

JUDGMENT

This Civil Miscellaneous Second Appeal is directed against the judgment and decree passed by the learned District Judge, Krishnagiri in C.M.A.No.20 of 2010 dated 24.07.2012 confirming the judgment and decree passed by the Sub Judge, Hosur in H.M.O.P.No.51 of 2010 dated 25.01.2010.

2. When the matter was taken up for hearing, learned counsel appearing for both the parties submitted that the parties have entered into a compromise and filed a joint memo of compromise. The contents of the joint memo of compromise is given hereunder.

JOINT MEMO OF COMPROMISE The respondent herein filed a divorce petition against the appellant on the ground of cruelty in H.M.O.P.No.51 of 2005 on the file of the Sub Judge, Hosur. The same was decreed on 25.01.2010. Challenging the same, the appellant herein filed Civil Miscellaneous Appeal in CMA No.20 of 2010 on the file of District Judge, Krishnagiri. The lower appellate Court dismissed the appeal on 24.07.2012. https://hcservices.ecourts.gov.in/hcservices/

Challenging the same, the present Civil Miscellaneous Appeal is filed. Pending appeal, both the appellant and respondent have decided to rejoin and live together along with their children.

It is therefore prayed that this Hon'ble Court be pleased to record the Joint Memo of Compromise and allow the Civil Miscellaneous Second Appeal 37 of 2012 by annulling the decree of divorce and pass such further or other orders as this Court deem fit and proper under circumstances and render justice."

2. In the light of the above Joint Memorandum of Compromise, which is taken on file, the Civil Miscellaneous Second Appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed. The joint compromise memo shall form part of the Decree.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The District Judge, Krishnagiri 2.The Subordinate Judge, Hosur.

Copy To: The Section Officer, V.R.Section, High Court of Madras, Chennai -104.

+1 cc to M/s.V.Raghavachari, Advocate Sr.No. 47268 +1 cc to M/s.P.Subba Reddy, Advocate Sr.No.47371 AKM/06.11.19/2P-6C / C.M.S.A.No.37 of 2012 https://hcservices.ecourts.gov.in/hcservices/