Madras High CourtCMA(MD)/446/2021allowed

Gousalya, v. Moovendran,

2021-04-28Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice S.Ananthi (Retd.)2 pages

C.M.A.(MD) No.446 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2021

CORAM

THE HON'BLE MR.JUSTICE T. S. SIVAGNANAM and THE HON'BLE MRS.JUSTICE S.ANANTHI C.M.A.(MD)No.446 of 2021 Gousalya ... Appellant -VsMoovendran ... Respondent Prayer: Civil Miscellaneous Appeal filed under Section 19 of Family Court Act, against the Fair and Decreetal order dated 29.06.2020, made in H.M.O.P.No.96 of 2017 on the file of Family Court, Dindigul. For Petitioner : Mr.S.Prabhu For Respondent : Mr.S.Balamurugan

JUDGMENT

[Judgment of the Court was made by T. S. SIVAGNANAM, J., ] This Civil Miscellaneous Appeal, by the wife, is directed against the fair and decreetal order dated 29.06.2020, made in H.M.O.P.No.96 of 2017 on the file of the Family Court, Dindigul, by which, the decree of divorce was granted, dissolving the marriage between the appellant/wife and the respondent/husband.

2. The learned counsel on either side has drawn our attention to the joint affidavit filed by the petitioner and the respondent, whereby they have compromised and they have jointly prayed to set aside the decree of divorce, as they have joint together and they are now living as husband and wife.

3. Though the parties are required to appear in person, on account of the current situation, we dispense with the procedure and based on the submissions made by the learned counsel on record for either side and placing on record the joint affidavit filed by the appellant and the respondent, we allow this Civil Miscellaneous Appeal and set aside the fair and decreetal order passed in H.M.O.P.No.96 of 2017. The appellant and the respondent shall continue to live together as husband and wife. No costs. Sd/- Assistant Registrar(AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.A.(MD) No.446 of 2021 vsm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To The Judge, Family Court, Dindigul.

Copy to The Section Officer,V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 copies) +1 CC to M/s.S.PRABHU, Advocate ( SR-17999[F] dated 29/04/2021 ) +1 CC to M/s.S.BALAMURUGAN, Advocate ( SR-18000[F] dated 29/04/2021 ) Order made in C.M.A.(MD)No.446 of 2021 28.04.2021 KMK(CO) TR(16.06.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2