Madras High CourtCMA(MD)/197/2021disposed of

Harisaravanan v. Ananthalakshmi

2024-06-28Honourable Mr Justice N. Seshasayee,Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2024

CORAM

JUSTICE N. SESHASAYEE and JUSTICE L.VICTORIA GOWRI C.M.A.(MD) No.197 of 2021 Harisaravanan ... Appellant / Petitioner Vs.

Ananthalakshmi ... Respondent / Respondent Prayer: Appeal filed under Section 19 of Family Court Act to set aside the order and decreetal order dated 14.10.2020 in H.M.O.P.No.182 of 2018 on the file of the Family Court, Sivagangai, by allowing this Civil Miscellaneous Appeal.

For Appellant :

Mr.S.Gurusaravanan For Respondent :

Mr.M.Vigneshwaran

JUDGMENT

(Judgment of the Court was delivered by N.Seshasayee, J.) This Appeal is directed against an order dismissing the petition filed for dissolution of marriage in O.P.No.182 of 2018 on the file of the Family Court, Sivagangai.

2. Both parties along with their respective counsel are now present and memo of compromise disclosed that they have found it not feasible to reunite.

3. This Court briefly interviewed both the parties and ascertained that their marriage has reached the stage of no return. Indeed, both parties were living separately since 2016.

4. Turning to the memo of compromise, both parties now agreed to have their marriage dissolved.

5. The Court has satisfied since the marriage cannot perk, it will be only appropriate to put an end to the agony which the parties now share. Hence, this Court converts O.P.No.182 of 2018 into one of a petition filed under Section 13 B of the Hindu Marriage Act, 1955 and the period of separation is adequate enough for this Court to dispense with the statutory period of six months required Section 13 B of the Hindu Marriage Act, 1955. The compromise memo is recorded. The marriage between the appellant and the respondent dated 07.05.2008 now stands dissolved. The memo of compromise be may part of the decree.

6. This Civil Miscellaneous Appeal stands disposed of. No costs. (N.S.S., J.) (L.V.G., J.) 28.06.2024 NCC : Yes/No Index : Yes/No Internet : Yes TSG

To 1.The Family Court, Sivagangai 2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

N. SESHASAYEE, J.

and L.VICTORIA GOWRI, J.

TSG C.M.A.(MD).No.197 of 2021 28.06.2024