Madras High CourtCMA/2409/2024disposed of in memo of compromise

K.N.Saravanan v. C.R.Thamaraiselvi

2025-04-08Honourable Mrs Justice J. Nisha Banu,Honourable Mr.Justice R.Sakthivel4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J. NISHA BANU and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL K.N.Saravanan ... Appellant Vs.

C.R.Thamaraiselvi ... Respondent PRAYER: This Civil Miscellaneous Appeal is filed under Section 19 of the Family Courts Act, 1984, to set aside the judgment and decree passed in HMOP No.383 of 2015 on the file of the Principal Family Court, Coimbatore, dated 19.03.2022.

For Appellant :Mr.B.Kumarasamy For Respondent :Mr.A.Parthasarathy

JUDGMENT

(Judgment of the Court was delivered by J. NISHA BANU, J.) This Civil Miscellaneous Appeal is filed challenging the judgment and decree HMOP No.383 of 2015 on the file of the Principal Family Court, 1/4

Coimbatore, dated 19.03.2022.

2.This Court by order dated 06.01.2025 had directed the parties to appear before the Mediation and Conciliation Centre attached to this Court for amicable settlement with consent of both parties. 3.Today, when the appeal is taken up for hearing the learned counsel for the appellant as well as the respondent submitted that the parties have arrived at an amicable settlement and a joint memo of compromise signed by the parties was also filed stating that the dispute between them has been settled and the respondent agreed for grant of divorce. The said memo is recorded. 4.In view of the compromise reached between the parties, keeping the marital tie will not serve any purpose. Therefore, the cooling period of six months is also waived and the decree of divorce is granted. 5.Accordingly, the decree and the judgment of the trial Court is hereby set aside and this Civil Miscellaneous Appeal is allowed. The Registry is 2/4

directed to refund the Court fee, if any, since the matter is settled in mediation. The report of the Medication and Conciliation Centre along with the joint compromise memo dated 19.03.2025 shall form part and parcel of this judgment. No costs.

[J.N.B., J.] [R.S.V., J.] 08.04.2025 Index : Yes / No Internet : Yes/No ta To The Principal Family Court, Coimbatore 3/4

J.NISHA BANU, J.

and R.SAKTHIVEL, J.

ta 08.04.2025 4/4