J.Srikumar v. K.R.Sathyapriya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MR.JUSTICE SUNDER MOHAN J.Srikumar ... Appellant Vs.

K.R.Sathyapriya ... Respondent Prayer: This Civil Miscellaneous Appeal is filed under Section 19(1) of the Family Courts Act, 1984, against the order and decree dated 22.06.2022 made in F.C.O.P.No.305 of 2017 on the file of the Family Court, Erode. For Appellant : Ms.V.V.Sathya For Respondent : Mr.M.Guruprasad

J U D G M E N T

[Judgment of the Court was delivered by V.M.VELUMANI,J.] The respondent/wife filed F.C.O.P.No.305 of 2017 on the file of the 1/4

Family Court, Erode, under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, for dissolving the marriage between the appellant and respondent that took place on 22.08.2010. By the order and decree dated 22.06.2022, the learned Judge, Family Court, Erode allowed F.C.O.P.No.305 of 2017, granting decree of divorce.

2.Challenging the said order and decree dated 22.06.2022 made in F.C.O.P.No.305 of 2017, the appellant/husband has come out with the present appeal.

3.When the matter is taken up for hearing today, both the appellant and respondent appeared before this Court. They were identified by their respective counsel. The learned counsel appearing for the appellant and respondent along with the parties represented that the parties have arrived at a settlement and filed a Joint Memo of Compromise dated 07.11.2022, duly signed by both the appellant as well as respondent and their respective counsel. They further submitted that the appellant will withdraw this appeal and G.W.O.P.No.177 of 2022 pending on the file of the Family Court, Erode 2/4

and prayed for passing a decree of divorce in terms of joint memo of compromise.

4.The said Joint Memo of Compromise dated 07.11.2022, duly signed by both the appellant as well as respondent and their respective counsel is taken on file and the same is recorded. Recording the Joint Memo of Compromise dated 07.11.2022 and the submissions of the learned counsel appearing for the appellant as well as the respondent, this Civil Miscellaneous Appeal is dismissed in terms of joint memo of compromise. The Joint Memo of Compromise dated 07.11.2022 shall form part of the decree. The appellant is permitted to withdraw G.W.O.P.No.177 of 2022 in terms of this memo of compromise on the next date of hearing. If the appellant fails to withdraw the said G.W.O.P., it is open to the respondent to approach this Court for further orders. No costs. (V.M.V., J) (S.M., J) 07.11.2022 Index : Yes / No (gsa) 3/4

V.M.VELUMANI, J.

and SUNDER MOHAN, J.

(gsa) To 1.The Judge, Family Court, Erode.

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

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