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Madras High CourtCMSA(MD)/5/2020disposed of

S.Balamurugan v. Suthamathi

2024-03-11Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 11.03.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.3304 of 2024 S.Balamurugan : Appellant/Appellant/Petitioner Vs.

Suthamathi : Respondent/Respondent/Respondent Prayer : This Civil Miscellaneous Second Appeal filed under Section 28 of Hindu Marriage Act r/w Section 100 of C.P.C., to set aside the judgment and decree, dated 18.10.2019 made in HMCMA.No.5 of 2015 on the file of the learned Additional District Judge, Sivagangai, confirming the judgment and decree, dated 27.07.2015 made in H.M.O.P.No.151 of 2010 on the file of the Subordinate Judge, Sivagangai.

For Petitioner : Mr.S.Srinivasa Raghavan For Respondent : Mr.R.Senthil Kumar 1/4

ORDER

The Civil Revision is directed against the judgment and decree, dated 18.10.2019 made in HMCMA.No.5 of 2015 on the file of the learned Additional District Judge, Sivagangai, confirming the judgment and decree, dated 27.07.2015 made in H.M.O.P.No.151 of 2010 on the file of the Subordinate Judge, Sivagangai.

2. The learned counsel on either side would submit that the respondent has received a demand draft for a sum of Rs.65,00,000/- and they have also filed a petition for compromise.

3. Heard the learned counsel for the petitioner and also the learned counsel for the respondent. Both parties are present before this Court and the terms of compromise are read over and explained to them and both of them admitted the same as true and correct.

4. The said compromise memo is recorded. The Civil Miscellaneous Second Appeal is disposed of in terms of compromise. Both parties are at liberty to file a petition for divorce on mutual consent and if such an 2/4

application is filed, the appropriate Court is directed to take the same on file, if it is otherwise in order and proceed further in accordance with law.

5. In view of the above, this Civil Miscellaneous Second Appeal is disposed of. Consequently, C.M.P.(MD)No.3304 of 2024, is ordered. No costs.

11.03.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No das To 1.The Subordinate Judge, Sivagangai.

2.The Additional District Judge, Sivagangai.

3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

DAS and C.M.P.(MD)No.3304 of 2024 Dated : 11.03.2024 4/4