Gomathy Thiagrajan v. B.Thiyagarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2017

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P.(PD)No.4734 of 2012 & M.P.No.1 of 2012 Gomathy Thiagarajan .. Petitioner Vs.

1. B.Thiagarajan

2. K.S.Nagarajan .. Respondents PRAYER: Civil Revision Petition filed Under Article 227 of the Constitution of India, against the fair and decreetal order dated 31.10.2012, made in I.A.No.2043 of 2011 in O.P.No.1774 of 2002, on the file of the learned I Additional Family Court, Chennai. For Petitioner : Mr.K.S.Sundar For R1 : Mr.N.Kishore Kumar For R2 : No appearance

ORDER

This Civil Revision Petition has been filed against the fair and decreetal order dated 31.10.2012, made in I.A.No.2043 of 2011 in O.P.No.1774 of 2002, on the file of the learned I Additional Family Court, Chennai.

2. Both the petitioner and respondents appeared before this Court and they were identified by their respective counsels. The learned counsel appearing for the petitioner as well as the respondents submitted that the parties have settled the matter and filed a memo of compromise dated 07.08.2017, duly signed by the parties and attested by respective counsel as per which the parties have agreed to dissolve the marriage conducted between them on 24.08.1984.

3. Being satisfied that the matter has been amicably settled, memo of compromise, dated 07.08.2017 is recorded. O.P.No.1774 of 2002 filed by the husband pending before the I Additional Family Court, Chennai, for divorce is ordered to be withdrawn and transferred to the file of this Court by invoking power under Article 227 of the Constitution of India and the said petition is treated as petition under Section 13B of Hindu Marriage Act.

4. Further, it is made clear that both the parties consented to withdraw the allegations made against each other. A decree of divorce is therefore granted by consent in O.P.No.1774 of 2002 under Section 13B of the Hindu Marriage Act.

5. With the above direction, the Civil Revision Petition is disposed of. O.P.No.1774 of 2002, pending on the file of the I Additional Family Court, Chennai, is treated as petition under Section 13B of the Hindu Marriage Act. The joint memo of compromise shall form part of the order passed by this Court today. No costs. Consequently, connected Miscellaneous Petition is closed. 07.08.2017 Index : Yes/No gsa To The Judge, I Additional Family Court, Chennai

V.M.VELUMANI, J.

gsa C.R.P.(PD)No.4734 of 2012 & M.P.No.1 of 2012 07.08.2017