G. Sowmya v. N. Ram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2024 CORAM :

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN C.R.P.No.4255 of 2024 & CMP.Nos.23652 & 23653 of 2024 G.Sowmya .. Petitioner

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N.Ram .. Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the II Additional Family Court at Chennai to dispose of HMOP.No.584 of 2024 on day to day hearing basis. For Petitioner : Mr.V.Prakash, Senior Counsel, Mr.D.Christopher For Respondent : Ms.Petritia for Mr.Ramesh

ORDER

This civil revision petition seeks for a direction to the II Additional Family Court at Chennai to dispose of HMOP.No.584 of 2024. 1/11

2. When the revision came up for admission, I heard Mr.V.Prakash, learned Senior Counsel for Mr.Christopher for the revision petitioner and requested them to serve the papers on the counsel, who represents the respondent in the court below.

3. Papers were served and Ms.Petritia has entered appearance for the respondent.

4. After hearing both sides, it became clear that neither parties are interested in continuing the matrimony that they had entered into. The matter was subsequently adjourned for the parties to discuss the issues between them and to file a memo before this Court. Accordingly, both the civil revision petitioner and respondent appeared before this Court and signed the memo, which was countersigned by their respective counsels.

5. In the memo, the petitioner and the respondent request that the petition filed in HMOP.No.584 of 2024 be converted to a petition under Section 13B of the Hindu Marriage Act. They further state that they have been separated for more than a year. The reasons for separation need not be 2/11

gone into here. It is evident from the paragraph No.14 and subsequent paragraphs in HMOP.No.584 of 2024.

6. I have enquired with the parties.

7. Both of them stated that they have filed this joint memo with full consent and after being aware of the contents thereof. On account of the peculiar circumstance which prevails in this case, pushing the parties for trial and asking them to continue with the matrimony till a decree is passed by the court, would in my view amount to harassment. The marriage is dead for all practical purposes and it is surviving only in paper.

8. As pointed out above, the parties have separated over a year i.e., since 13.11.2023. If they were to file 13B petition all over again, then no purpose will be served other than increasing the docket of the Family Court. In similar circumstances, this court in L.Juliet Ann D' Cruz v. X.Aloysius Xavier Lopez in Tr.CMP.No.610 of 2013 dated 23.07.2015 exercising its jurisdiction under Article 227 of the Constitution of India had withdrawn the divorce proceedings to itself and granted divorce by consent. 3/11

9. Applying the said precedent to the facts of the present case, HMOP.No.584 of 2024 is withdrawn from the file of the learned II Additional Family Court, Chennai and transferred to the file of this court, and the same is converted into 13B of the Hindu Marriage Act. The joint memorandum of compromise is extracted hereunder: 4/11

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10. The terms of the settlement agreed between the parties in and by way of the memo dated 17.12.2024 is recorded. The memo shall form a part of the order in this petition. Consequently, the marriage that had taken place between the petitioner and the respondent, as per the Hindu Rites and Customs, at Yoga Kalyana Mahal, Srirangam, Trichy on 19.02.2016 stands dissolved.

11. This civil revision petition is disposed of in terms of the compromise memo. No costs. Consequently, the connected miscellaneous petitions are closed.

17.12.2024 nl Index : yes/no Speaking order/Non-speaking order : yes/no 9/11

To The II Additional Family Court at Chennai 10/11

V.LAKSHMINARAYANAN, J.

nl 17.12.2024 11/11