V.Uma Bhagavathi, v. K.Venkatesh,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM AND THE HONOURABLE MRS.JUSTICE R.THARANI C.M.A(MD)NO.100 of 2019 V.Uma Bhagavathi : Appellant/Petitioner .vs.

K.Venkatesh : Respondent/Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act against the order passed in H.M.O.P.No.279 of 2017, dated 13.11.2018, on the file of Family Court,Tirunelveli. For Appellant : Ms.K.Abiya For Respondent : Mr.D.Rajkumar

JUDGMENT

[Judgment of the Court was made by K.KALYANASUNDARAM,J.] This Civil Miscellaneous Appeal is preferred against the judgment and decree of the Family Court, Tirunelveli in H.M.O.P.No.279 of 2017, dated 13.11.2018.

2.The appellant is the wife of the respondent and her divorce petition was dismissed. Challenging the same, the present Civil Miscellaneous Appeal has been filed.

2.It is represented by the learned counsel appearing on either side that during the pendency of the appeal, the matter was referred to the Mediation and Conciliation Centre of this Court and the parties have settled their dispute amicably between them. Mediation Report shows that the parties have amicably settled their dispute, on the following terms:

''6.The following agreement has been arrived at between the parties hereto:

1.Both the parties have come to the conclusion that they cannot live together any more and hence both agree for divorce mutually.

2.This is also agreed by both the parties that there is no future claims against each other. Both the parties agree mutually that there was no harassment physical and mutual cruelty by either sides till date.''

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3.The appellant, respondent along with their respective counsels are present before this Court and they have also stated that the dispute between them was settled before the Mediation Centre.

4.In the light of the above facts, the marriage took place between the appellant and respondent on 18.11.2015 is dissolved. The judgment and decree passed in H.M.O.P.No.279 of 2017 is set aside and the appeal is allowed. However, there is no order as to cost. sd/ Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Judge, Family Court, Tirunelveli.

2. The Record Keeper, Vernacular Section,(2 COPIES) Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.ABIYA, Advocate ( SR-63845[F] dated 29/04/2019 ) JUDGMENT MADE IN C.M.A(MD)NO.100 of 2019 29.04.2019 VSN MK (04.06.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/