Muthukumar Alias Kumar, v. Vijayalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI C.M.A(MD)NO.959 OF 2022 Muthukumar @ Kumar :Appellant/Petitioner .vs.

Vijayalakshmi : Respondent/Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the Family Court Act praying this Court to call for the records pertaining to H.M.O.P.No.178 of 2020, dated 26.7.2022, on the file of Family Judge, Tirunelveli and to set aside the same by allowing this appeal and to pass an order granting divorce dissolving the marriage between the appellant and respondent performed on 16.03.2011 at Rose Mahal, Kokkirakulam, Tirunelveli City.

For Appellant :Mr.A.Robinson For Respondent :Mr.S.Michael Heldon Kumar

JUDGMENT

********* [Judgment of the Court was made by D.KRISHNAKUMAR,J.] This Civil Miscellaneous Appeal is filed praying this Court to set aside the order made in H.M.O.P.No.178 of 2020, dated

26.7.2022, on the file of Family Judge, Tirunelveli and to grant a decree of divorce dissolving the marriage between the appellant and respondent performed on 16.03.2011 at Rose Mahal, Kokkirakulam, Tirunelveli City.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.Both parties and their respective counsels present before this Court. Both the parties have agreed for a settlement and accordingly, filed a Joint Compromise memo, signed by both the parties as well as by their respective counsels. Both the parties have agreed to the terms of the Joint Compromise Memo and the said Joint Compromise Memo is placed on record.

4.In view of the above, this Civil Miscellaneous Appeal is allowed in terms of the joint Compromise Memo and the order made in H.M.O.P.No.178 of 2020, dated 26.7.2022, on the file of Family Court, Tirunelveli, is set aside. The marriage solemnized between the appellant and the respondent on 16.03.2011 as per Hindu rites and customs at Rose Mahal, Kokkirakulam, Tirunelveli City is hereby dissolved by a decree of divorce. The Joint Compromise Memo shall

form part and parcel of the judgment. There will be no order as to costs.

[D.K.K.,J.] [L.V.G.,J.] 15.02.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.The Judge, Family Court, Tirunelveli.

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

D.KRISHNAKUMAR, J.

AND L.VICTORIA GOWRI, J.

vsn JUDGMENT MADE IN C.M.A(MD)NO.959 OF 2022 15.02.2023