Madras High CourtCMA(MD)/1637/2006disposed of

Ravi Venkatesh v. C.Jeyamari

2021-04-21Honourable Mr Justice K. Kalyanasundaram,Honourable Mr Justice B.Pugalendhi2 pages

C.M.A.(MD).No.1637 of 2006 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE B.PUGALENDHI C.M.A.(MD).No.1637 of 2006 Ravi Venkatesh ... Appellant/Petitioner vs.

C.Jeyamari ... Respondent/Respondent Prayer : The Civil Miscellaneous Appeal is filed under Section 28 of the Hindu Marriage Act, 1955, against the judgment and decree dated 14.09.2006 passed in H.M.O.P.No.259 of 2003 on the file of the District Family Judge, Madurai.

For Appellant : Mr.K.Muraleedharan For Respondent : Mr.M.Kannan

J U D G M E N T

[Judgment of the Court was delivered by K.KALYANASUNDARAM, J.] The Civil Miscellaneous Appeal has been filed by the appellant, challenging the order of the Family Court, Madurai, passed in H.M.O.P.No.259 of 2003.

2. The original petition was filed by the appellant for divorce, by dissolving the marriage performed between the appellant and respondent on 21.06.2002. The Family Court, Madurai dismissed the H.M.O.P.No.259 of 2003. Challenging the same, the present appeal has been filed.

3. The learned counsel for the appellant and the learned counsel for the respondent would state that the dispute between the parties has been amicably settled. The appellant as well as the respondent are present before this Court. The respondent has stated that she has no objection for granting divorce to the appellant. She has also stated that she has received totally a sum of Rs.4,80,000/- (Rupees Fourt Lakhs and Eighty Thousand only) from the appellant, Rs.30,000/- by cash and Rs.4,50,000/- by way of Demand Draft, dated 17.04.2021.

4. The Memo of Compromise is extracted hereunder: "7. It is hereby submitted that the appellant and respondent hereby agree that the marriage solemnised between appellant and respondent dated 21.06.2002 is hereby https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.A.(MD).No.1637 of 2006 dissolved.

8. In view of the joint compromise memo the respondent agreed to withdraw the maintenance case under Section 125 Cr.P.C. pending before the Judicial Magistrate, Tuticorin."

5. In the light of the above facts, the marriage solemnised between the appellant and the respondent, dated 21.06.2002, is hereby dissolved and the Civil Miscellaneous Appeal is allowed. The compromise memo, dated 19.04.2021 shall form part of the decree. However, there would be no order as to cost.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) akv To 1.The Judge, Family Court, Madurai.

2.The Judicial Magistrate, Tuticorin.

Copy to:

The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +1 CC to M/s.M.KANNAN, Advocate ( SR-17000[F] dated 22/04/2021 ) +1 CC to M/s.K.MURALEEDHARAN, Advocate ( SR-17273[F] dated 23/04/2021 ) C.M.A.(MD).No.1637 of 2006 21.04.2021 KK(16.06.2021) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2