Hariharan v. Pushpa

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2022

CORAM:

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

Pushpa ...

Respondent Prayer: This Civil Miscellaneous Appeal is filed under Section 55 of Indian Divorce Act, read with Section 19 of the Family Courts Act, 1984, against the judgment and decree dated 29.01.2016 made in H.M.O.P.No.27 of 2015 on the file of the Family Court, Villupuram.

For Appellant : Mr.C.Prabakaran For Respondent : Mr.C.Munusamy 1/4

J U D G M E N T

[Judgment of the Court was delivered by V.M.VELUMANI,J.] The appellant/husband filed H.M.O.P.No.27 of 2015 on the file of the Family Court, Villupuram, under Section 13(1)(i-a) & (i-b) of the Hindu Marriage Act, 1955, for dissolving the marriage between the appellant and respondent that took place on 29.08.1982 on the ground of cruelty and desertion. By the order and decree dated 29.01.2016, the learned Judge, Family Court, Villupuram dismissed H.M.O.P.No.27 of 2015. 2.Challenging the said order and decree dated 29.01.2016 made in H.M.O.P.No.27 of 2015, the appellant 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 the settlement and filed a Joint Memo of Compromise dated 01.11.2022, duly signed by both the appellant as well as respondent and their respective 2/4

counsel and prayed for passing of decree of divorce by mutual consent and for dissolution of marriage conducted between them on 29.08.1982. 4.The said Joint Memo of Compromise dated 01.11.2022, 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 01.11.2022 and the submissions of the learned counsel appearing for the appellant as well as the respondent, this Civil Miscellaneous Appeal is disposed of by dissolving the marriage solemnized between the appellant and respondent on 29.08.1982 in terms of joint memo of compromise. The Joint Memo of Compromise dated 01.11.2022 shall form part of the decree. No costs.

Post the matter for reporting compliance on 22.11.2022. (V.M.V., J) (S.M., J) 01.11.2022 Index : Yes / No (gsa) 3/4

V.M.VELUMANI, J.

and SUNDER MOHAN, J.

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

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

01.11.2022 4/4