Sudha Rani v. Dharmaraj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA Sudha Rani ... Appellant Vs.

Dharmaraj ... Respondent Prayer : Civil Miscellaneous Appeal is filed under section 19 of Family Court Act, to set aside the Judgment and decree passed in H.M.O.P.No.823 of 2022 on the file of the Family Court, Theni dated 19.03.2024 and allow the civil miscellaneous appeal. For Appellant : Mr.C.Vakeswaran For Respondent : Mr.G.Aravindan 1/4

JUDGMENT

(Judgment of the court was delivered by G.R.Swaminathan, J.) Heard both sides.

2.Sudha Rani and Dharmaraj got married to each other on 15.09.2016 at Sri Renuga Devi Temple, Viswanathaperi, Tenkasi as per Hindu rites and customs. A girl child was born through the wedlock on 06.10.2017. Difference of opinion arose between the parties and they separated on 14.07.2022. Sudha Rani filed H.M.O.P.No.823 of 2022 seeking divorce on the ground of cruelty on the party of Dharmaraj. The HMOP was dismissed vide order dated 19.03.2024. Questioning the same, this civil miscellaneous appeal has been filed. 3.During the pendency of the civil miscellaneous appeal, the parties negotiated between themselves and resolved all the outstanding differences. A joint compromise memo dated 27.01.2025 signed by the parties as well as their respective counsel has been filed before this Court. Sudha Rani as well as Dharmaraj are present in person before us. 2/4

They state that they are withdrawing the allegations made against each other. The parties want to dissolve their marriage by mutual consent. Since the parties are remaining separate from each other since 14.07.2022, we waive the cooling period of six months. The marriage that took place between the appellant and the respondent on 15.09.2016 at Sri Renuga Devi Temple, Viswanathaperi, Tenkasi stands dissolved by mutual consent by this decree of divorce. The joint compromise memo dated 27.01.2025 shall form part of the decree. The parties are at liberty to present this decree before the jurisdictional Sub Registrar officer and have the same entered in the marriage register. The impugned order is set aside and the civil miscellaneous appeal is allowed. No costs. (G.R.S. J.,) & (R.P. J.,) 27.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- The Family Court, Theni.

3/4

G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias 27.01.2025 4/4