Madras High CourtCMSA/76/2021disposed of

Devakrishnan v. Suhasini

2023-08-30Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.08.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Devakrishnan ... Appellant

Versus

Suhasini ... Respondent PRAYER: Civil Miscellaneous Second Appeal filed under Section 100 of the Civil Procedure Code read with Section 28 of the Hindu Marriage Act against the judgment and decree dated 30.04.2021 made in C.M.A.No.03 of 2019, on the file of the Family Court, Cuddalore, confirming the judgment and decree dated 23.08.2018 made in H.M.O.P.No.31 of 2016 on the file of the Principal Subordinate Court, Virdhachalam.

For Appellant : Mr.B.Balavijayan For Respondent : Mr.S.Jeevananthan 1/4

JUDGMENT

This appeal has been filed by the appellant/petitioner challenging the judgment passed by the Tribunal in C.M.A.No.03 of 2019, dated dated 30.04.2021.

2.The petition filed by the appellant in H.M.O.P.31 of 2016 for divorce was dismissed by the Courts below. Challenging the said order, the appellant preferred appeal in C.M.A.No.03 of 2019, which was also came to be dismissed. Hence, the instant appeal has been filed. 3.Pending appeal, the parties arrived at compromise and filed Joint Compromise Memo. As per the Joint Compromise Memo, the parties agreed to dissolve the marriage by mutual consent. The respondent agreed to withdraw the complaint filed against the appellant. The appellant had agreed to return the Gold Articles belonging to the respondent and he had also paid a sum of Rs.15,00,000/- towards permanent alimony. The Joint Compromise Memo signed by the parties and their respective counsel is taken on record. 2/4

4.In view of the above, the marriage between the appellant and the respondent is dissolved by mutual consent. The Civil Miscellaneous Second Appeal is disposed of in terms of the Joint Compromise Memo. No costs.

30.08.2023 rst Index: Yes/No Speaking Order / Non-Speaking Order To:

1.The Family Court, Cuddalore 2.The Principal Subordinate Court, Virdhachalam.

3.The Section Officer, VR Section, High Court, Madras.

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SUNDER MOHAN, J.

rst 30.08.2023 4/4