R.Manikandan v. P.Maheswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI C.R.P.No.3260 of 2019 R.Manikandan S/o. Rajamanickam ... Petitioner versus

1. P.Maheswari, D/o.Ponkali, W/o. R. Manikandan

2. A.Alagesan, S/o. T. Elumalai ... Respondents PRAYER : Civil Revision Petition filed under Art. 227 of Constitution of India, praying to set aside the order passed in O.S.CNR. No. 585 of 2019 dated 30.08.2019 on the file of Family Judge, Salem. For Petitioner : Mr.J.Sudhakaran For Respondent : Mrs.S.Jayalakshmi for R1 R2 - No appearance 1/4

O R D E R

The Revision Petitioner herein is the husband and he filed a suit in O.S.CNR No.585 of 2019 (unnumbered suit), on the file of Family Judge, Salem praying for the decree of declaration to cancel the decree and judgment passed in O.S.No.25 of 2011 dated 06.07.2012 by the Family Court Judge of Salem and other reliefs, besides he filed a petition for divorce in F.C.O.P.No.517 of 2013 and 1st respondent wife also filed a petition for restitution of conjugal rights in D.V.O.P.No.72 of 2014.

2. After trial, divorce was granted in favour of husband. Challenging the same, the 1st respondent preferred C.M.A.No.1674 of 2020 before this court, wherein the decree was confirmed. Against which, she preferred Special Leave to Appeal No.10764 & 10765 of 2021 before the Apex Court, wherein they entered into a memorandum of joint compromise in mediation proceedings. Thus, the divorce granted in favour of husband confirmed and to that effect, as per terms of compromise entered in para 6 of the order, wife agreed to take care of minor children. Accordingly, as the learned 2/4

counsel appearing for petitioner wanted to withdraw the above C.R.P. as settled out of court, the matter is listed today under the caption "for withdrawal" and he has also made endorsement to that effect.

3. In view of the submission and endorsement made by the learned Counsel appearing for the petitioner, this Civil Revision Petition is dismissed as withdrawn in terms of compromise. No costs. Consequently, the connected C.M.P. stands closed.

14.11.2022 rpp To Judge, Family Court, Salem.

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T.V.THAMILSELVI, J.

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