S.Rinu v. Nil

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-06-2026

CORAM

THE HON'BLE MR JUSTICE C.V. KARTHIKEYAN AND THE HON'BLE MR.JUSTICE K.RAJASEKAR

1. S.Rinu D/o Suresh Kumar, No 4/2, 3rd Street, Narayanasami Thottam, Kodungaiyur, Chennai 600 118.

2. R.Shyam Solomon S/o Raja David, P.No 3A, ZLMJ Avenue, Sivashakthi Nagar Extn, Kurinji Street, New Perungalathur, Srinivasanagar, Kancheepuram, Chennai 600 063 ..Appellant(s) Vs Nil Nil ..Respondent(s) PRAYER :Appeal filed under Section 19(1) of the Family Court Act, to set aside the order dated 03.03.2026 passed in IDOP.No.4080 of 2025 on the file of the V Additional Family Court, Chennai and consequently allow the petition filed under section 10-A of the Indian Divorce Act for dissolution of marriage by mutual consent.

For Appellant(s):

Mr.S.Venkatesan for Mr.R.Arunkumar

JUDGMENT

(Judgment of the Court was delivered by C.V.Karthikeyan J.) The Appeal has been filed by the petitioners / appellants challenging the order dated 03.03.2026 passed in I.D.O.P.No.4080 of 2025 by the V Additional Family Court, Chennai, by which order, the petition seeking dissolution of marriage under Section 10(A) of the Indian Divorce Act, 1869, was dismissed.

2. The marriage between the petitioners / appellants has been solemnised on 12.06.2024 at CSI Christ Church, Kodungaiyur, Chennai. The reception was held on 12.06.2024 at GPL Mahal Raj Mahal, Perambur - Red Hills High Road, Chennai. It had been contended that the appellants got separated on and from 13.06.2024 and they have been living separately on and from that day. The mediation efforts had failed. Therefore, a petition has been filed before the Family Court, Chennai for dissolution of marriage under Section 10(A) of the Indian Divorce Act, 1869. The Court had examined the provisions under Section 10(A) and stated that one of the mandatory condition that the parties should live separately for more than two years had not been complied with on the date when the matter was adjudicated and they were not living separately for more than two years. Hence, the Petition was dismissed.

3. We have called the parties to appear before us. Both the parties are present today and stated that they want to dissolve their marriage. They further stated that they have been living separately on and from 13.06.2024. The parties have also made the following endorsement:

"(i) First appellant's endorsement:

Today present before this Court and agreed to mutually separated with my full consent.

(ii) Second appellant's endorsement:

I today appeared before this Honourable Court and agreed to mutually separated with my wife with my full consent."

4. The learned counsel for the appellants also affirmed the said fact.

5. Even otherwise, we note that, as on date, the mandatory period of two years has expired from the date of separation. The appellants have taken a conscious decision to dissolve their marriage. We are also satisfied that there is no possibility for re-union and every attempt of reunion has failed. The parties are firm that they will not rejoin in the marital life. Hence, we would allow this Appeal and direct dissolution of marriage solemnised between the appellants on 12.06.2024 at CSI Christ Church, Kodungaiyur, Chennai.

C.V.KARTHIKEYAN, J.

AND K.RAJASEKAR, J.

GSK

6. Accordingly, this Civil Miscellaneous Appeal stands allowed. No costs.

(C.V.K.,J.) (K.R.S.,J.) 18-06-2026 Index: Yes/No Speaking/Non-speaking order GSK To V Additional Family Court, Chennai.