Madras High CourtCMSA(MD)/35/2017withdrawn dismissed

Manikandan v. Shanmughasundari

2019-09-18Honourable Ms. Justice P.T. Asha2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2019

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA C.M.S.A (MD)No.35 of 2017 Manikandan ... Appellant/Respondent/Plaintiff Vs.

Shanmughasundari ... Respondent/Appellant/Defendant PRAYER:- This Civil Miscellaneous Second Appeal filed under Section 28 of the Hindu Marriage Act r/w Section 100 of Civil Procedure Code, against the fair and decreetal order dated 22.09.2017 made in C.M.A.No.7 of 2016 on the file of Principal District Judge, Pudukkottai reversing the fair and decreetal dated 05.10.2016 made in H.M.O.P.No.129 of 2010 on the file of Sub Court, Pudukkottai. For Appellant : Mr.G.Sridharan For Respondent : Mr.B.Jameel Arasu

ORDER

The joint affidavit filed by both the parties before this Court, which has been signed by them, wherein the learned counsel for the appellant seeks permission of this Court to withdraw the civil miscellaneous second appeal with liberty to file a petition for divorce by mutual consent before the Family Court, Trichy, by the appellant as well as the respondent.

2.Hence, the learned counsel for the appellant is permitted to withdraw the above Civil Miscellaneous Second Appeal with liberty to file a fresh petition for divorce by mutual consent. The affidavit is taken on file. Accordingly, this Civil Miscellaneous Second Appeal is dismissed as withdrawn with liberty as stated above. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/

To 1.The Principal District Judge, Pudukkottai.

2.The Subordinate Judge, Pudukkottai.

3.The Judge, Family Court, Trichy.

+1 CC to M/s.G.SRIDHARAN, Advocate ( SR-87270[F] dated 18/09/2019 ) +1 CC to M/s.B.JAMEEL ARASU, Advocate ( SR-87737[F] dated 19/09/2019 C.M.S.A (MD)No.35 of 2017 18.09.2019 cp JMN(19.09.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/