John Lawrance v. Lekshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and THE HONOURABLE MR.JUSTICE P.B.BALAJI John Lawrence ... Appellant/ Petitioner -vsLakshmi ... Respondent / Respondent PRAYER: Civil Miscellaneous Appeal has been filed under Section 19 of te Family Courts Acts, against the Fair and Decreetal order dated 08.02.2019 passed in H.M.O.P.No.103 of 2018 on the file of the Family Court, Kanniyakumari District at Nagercoil.

For Appellant : Mr.G.Aravinthan For Respondent : Mr.R.Murugesan

JUDGMENT

[Order of the Court was made by RMT.TEEKAA RAMAN, J.] The Civil Miscellaneous Appeal is directed against the Fair and Decreetal order dated 08.02.2019 passed in H.M.O.P.No.103 of 2018 on the file of the Family Court, Kanniyakumari District at Nagercoil.

2. Today, when the matter is taken up for hearing, this Court considering the submissions made by the learned counsels on either side, directed the parties to appear before the Mediation and Conciliation Centre attached to this Bench.

3. Pursuant to an order passed in the forenoon session, the parties have appeared before the Tamil Nadu Mediation and Conciliation Centre available at the Madurai Bench of Madras High Court and the mediation has resulted in success and the settlement has been arrived at and in the settlement, both the parties have signed in before the said Mediator. As per the memorandum of compromise, both the parties have decided to leave in peace and agreed for mutual divorce. With regard to any alimony, both the parties have waived the

rights and interest and it is also stated that no child has born through wedlock and after perusing the memo of settlement agreement arrived at between the parties, we find that they satisfied necessary ingredients as stated by the Hon'ble Supreme Court in entertaining the application for mutual divorce during the pendency of the Civil Miscellaneous Appeal.

4. Accordingly, we are inclined to take on file the settlement arrived at the Mediation Centre and the marriage solemnized between the parties on 09.07.2007 stands dissolved on mutual agreement. The Civil Miscellaneous Appeal is allowed. No costs. The settlement agreement shall form part and parcel of this Judgment.

[T.K.R., J.] [P.B.B., J.] 10.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sji

To The Family Court, Kanniyakumari District at Nagercoil.

RMT.TEEKAA RAMAN , J.

and P.B.BALAJI , J.

sji 10.10.2023