In this matrimonial appeal, the parties filed a memo of compromise stating they have reunited and sought permission to withdraw the underlying H.M.O.P.No.137 of 2004. The Court disposed of the second appeal permitting the withdrawal and dismissal of that case.
Permission to withdraw H.M.O.P.No.137 of 2004; the said case stands dismissed as withdrawn.
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1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 21.06.2017
Coram:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.M.S.A(MD)No.29 of 2016
R.Ramakrishnan .. Appellant/Appellant/Petitioner
-Vs-
Shanthi ..Respondent/Respondent/Respondent
Prayer:- Civil Miscellaneous Second Appeal filed under Section 28 of the Hindu Marriage Act against the judgement and decree made in H.M.C.M.A.No.10 of 2011, dated 2.4.2016,on the file of I Additional District Judge, Tuticorin, confirming the judgement and decree made in HMOP.No.137 of 2004, dated 27.10.2010, on the file of Subordinate Judge, Tuticorin.
For Appellant : M/s.P.Jessi Jeevapriya for M/s.M.Subbiah
JUDGMENT
This Civil Miscellaneous Second Appeal arises out of matrimonal proceedings. The parties have filed a memo of compromise, wherein, it is stated that they have re-united and they seek permission of this Court to withdraw H.M.O.P.No.137 of 2004, on the file of Sub-Judge, Thoothukudi.
2.In the light of the above memo of compromise entered between the parties, this Civil Miscellaneous Second Appeal is disposed of permitting the appellant to withdraw H.M.O.P.No.137 of 2004 on the file of sub-Court, Thoothukudi. The said H.M.O.P.No.137 of 2004 shall stand dismissed as withdrawn. The Compromise memo shall form part and parcel of this Judgement. No costs.
Sd/-
Assistant Registrar(CS-II)
/True copy/
Sub Assistant Registrar
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To Encl:Xerox copy of Compromise memo 1. The Ist Additional District Judge, Tuticorin.
+1 cc to Mr.N.Subramanian , Advocate in SR.No. 61582
vsn AE/SV/SAR4/14.07.2017/2P/5C
C.M.S.A(MD)No.29 of 2016 21.06.2017
2 issues framed by the court
Whether the Court permits the withdrawal of the underlying matrimonial proceedings based on a memo of compromise where parties have reunited.
Whether the Civil Miscellaneous Second Appeal is disposed of on the terms of the compromise memo.
1 provisions across 1 enactments
R.Ramakrishnan
Shanthi
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
