Yoganathan v. Keerthika

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R. POORNIMA Yoganathan ... Appellant -vsKeerthika ... Respondent PRAYER: Civil Miscellaneous Appeal is filed under Section 19 of the Family Court Act, r/w. Section 28 of the Hindu Marriage Act, to set aside the fair and decreetal order made in HMOP No. 215 of 2024 on the file of the Family Court, Karur dated 18.07.2024 and allow this Civil Miscellaneous Appeal. For Appellant :

Mr.G.Sridharan For Respondent :

Mr.C.Saravanakumar

J U D G M E N T

[Judgment of the Court was made by A.D.JAGADISH CHANDIRA, J.] This Civil Miscellaneous Appeal has been filed against the order of the Family Court, Karur in HMOP No. 215 of 2024 dated 18.07.2024 refusing the grant of divorce. Pending appeal the parties have arrived at compromise.

2. The learned counsel appearing for the appellant would submit that the appeal has been filed against the order of Court refusing to grant divorce. Now the parties have entered into compromise and they have agreed to file divorce petition under Section 13(b) of Hindu Marriage Act for dissolution of marriage on mutual consent and they have also filed a joint compromise memo before this Court and would submit that the appeal may be disposed of based on the joint compromise memo.

3. The parties are also present before this Court. The contents of the joint compromise memo is extracted herein under: "The above appeal is filed against the judgment and decree dated 18.07.2024 dismissing the ?.?.?.?.No.215 of 2024 on the file of

the Family Court, Karur. The said H.M.O.P.No.215 of 2024 was filed by the appellant herein/husband under Section 13 [i] [a] of Hindu Marriage Act to dissolve the marriage held on 04.06.2017 between the appellant and the respondent herein and also to grant decree of divorce.

2. At the intervention and as suggested by the elders, relatives and well wishers, both the parties to the above appeal have now mutually decided to approach the Family Court, Karur invoking Section 13B of Hindu Marriage Act, for getting decree of dissolution of marriage by mutual consent.

3. Both the parties to the appeal are therefore pray that the judgment and decree dated 18.07.2024 on the file of the Family Court, Karur, be set aside with a direction to approach the Family Court, invoking Section 13B of Hindu Marriage Act, for getting decree of dissolution of marriage by mutual consent.

4. Both the parties further pray that the Family Court, may be directed to take the proposed petition to be filed by both the parties under Section 13B of Hindu Marriage Act, on its file number the same and to allow the same by waiving the six months statutory period, within 15 days. from the date of filing of the said petition.

5. Both the parties decided to file this joint compromise memo of their own free will and there is no coercion between the parties.

6. Both the parties pray that the appeal be disposed of on the

above agreed terms.

It is therefore prayed that this Hon'ble Court may be pleased to record the joint compromise memo and to disposed of the appeal and thus render justice".

Recording the joint compromise memo, this Civil Miscellaneous Appeal stands disposed of. The joint compromise memo shall form part of the court records. No costs [A.D.J.C., J.] [R.P., J.] 06.06.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No aav To:

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

A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA, J.

aav C.M.A.(MD) No.

06.06.2025