Madras High CourtCMA(MD)/1061/2021allowed

Sneha Girish v. Ponmathan

2022-03-24Honourable Mr Justice R. Subramanian,Honourable Mr Justice N. Sathish Kumar2 pages

C.M.A.(MD)No.1061 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.M.A(MD)No.1061 of 2021 Sneha Girish ... Appellant / Petitioner Vs.

Ponmathan ... Respondent / Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 19(1) of the Family Court Act 1984, praying this Court to set aside the order and decreetal order, dated 03.09.2019 passed in H.M.O.P.No.256 of 2019 on the file of the Family Court, Kanyakumari District at Nagercoil. For Appellant : Mr.L.Geroge Paul Anto For Respondent : Mr.P.Selvaraj

JUDGMENT

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The wife is on appeal against the dismissal of the application in H.M.O.P. No.256 of 2019 seeking divorce on the ground of cruelty.

2. The parties have entered into a settlement, in and by which, they have agreed for divorce by mutual consent. The parties are also present before this Court and they have filed a joint compromise memorandum, wherein they have agreed that the marriage could be dissolved by mutual consent.

3. Considering the pendency of the appeal, six months cooling off period is waived and we grant divorce to the parties on the basis of the compromise entered into between the parties and the marriage between the spouses held on 05.08.2016 will stand https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.A.(MD)No.1061 of 2021 dissolved. The joint compromise memorandum will form part and parcel of this judgment and decree.

4. In view of the same, this Civil Miscellaneous Appeal stands allowed and H.M.O.P No.256 of 2019 stands allowed. No costs. Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) rm Encl: Photocopy of Compromise Memo 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 1.The Judge, Family Court, Kanyakumari District at Nagercoil.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.D.SARAVANAN, Advocate ( SR-14395[F] dated 25/03/2022 ) +1 CC to M/s.L.GEORGE PAUL ANTO, Advocate ( SR-14174[F] dated 24/03/2022 ) C.M.A.(MD)No.1061 of 2021 24.03.2022 MGJ(11.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2