M. Geetha v. N. Prabhu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA and C.M.P.(MD)No.902 of 2020 C.M.A.(MD)No.56 of 2020:

M.Geetha ... Appellant Vs.

N.Prabhu ... Respondent Prayer : Civil Miscellaneous Appeal is filed under section 19 of Family Court Act, to set aside the decree and judgement dated 04.12.2019 made in H.M.O.P.No.222 of 2019 by the I Additional District Judge (PCR) and the Family Court Judge (in charge) Tiruchirappalli Court. For Appellant : Mr.A.J.Mohamed Kassim For Respondent : Mr.K.S.Kathiravan C.M.A.(MD)No.57 of 2020:

M.Geetha ... Appellant Vs.

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N.Prabhu ... Respondent Prayer : Civil Miscellaneous Appeal is filed under section 19 of Family Court Act, to set aside the decree and judgement dated 04.12.2019 made in H.M.O.P.No.218 of 2019 by the I Additional District Judge (PCR) and the Family Court Judge (in charge) Tiruchirappalli Court. For Appellant : Mr.A.J.Mohamed Kassim For Respondent : Mr.K.S.Kathiravan COMMON JUDGMENT (Judgment of the court was delivered by G.R.Swaminathan, J.) The marriage between the parties was solemnized on 10.02.2016 at A.K.Mahal, T.V.Koil, Tiruchirappalli as per Hindu rites and customs. Differences arose between them leading to the filing of divorce petition by the husband in H.M.O.P.No.222 of 2019 on the file of Family Court, Tiruchirappalli. The wife filed H.M.O.P.No.218 of 2019 seeking restitution of conjugal rights. The divorce petition filed by the husband was allowed while the restitution petition filed by the wife was dismissed vide order dated 04.12.2019. Challenging the same, these civil miscellaneous appeals have been filed.

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2.During the pendency of these civil miscellaneous appeals, the parties have reunited. It is gratifying to note that one more child was born. The parties have also filed a joint compromise memo before this Court. The wife has also undertaken to withdraw M.C.No.71 of 2022 on the file of the Family Court, Tiruchirappalli. She also undertook to withdraw Crl.O.P.(MD)No.16888 of 2023.

3.Recording the stand of the wife as set out in the joint compromise memo, the order dated 04.12.2019 passed in H.M.O.P.No.222 of 2019 is set aside and the civil miscellaneous appeals are allowed. The joint compromise memo dated 21.01.2025 shall form part of the decree. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S. J.,) & (R.P. J.,) 23.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- The I Additional District Judge (PCR), Family Court, Tiruchirappalli.

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G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

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