M.Sathish v. S.Divya
Case brief
What is this about?
The High Court of Judicature at Madras allowed the civil miscellaneous appeal against the dismissal of a cruelty divorce petition following a joint memorandum of compromise between parties, setting aside the impugned order and granting a divorce by mutual consent.
What did the court decide?
The appeal is allowed; the impugned order is set aside; a decree of divorce by mutual consent is granted dissolving the marriage.
What the court decided
IN THE HIGH COURT OF JUDICATE AT MADRAS
DATE : 24.04.2018
CORUM
THE HON'BLE MR.JUSTICE R.SUBBIAH
and THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
C.M.A.No.3223 of 2017
M.Sathish ... Appellant/Petitioner Vs. 1.S.Divya 2.Shaji 3.Ramesh ... Respondents/Respondents Civil Miscellaneous Appeal has been filed under Section 19 r/w Section 28 of the Family Courts Act against the fair and decreetal order passed by the Principal Family Court at Coimbatore in H.M.O.P.No.783 of 2015, dated 12.09.2017. For Appellant : Mr.P.Valliappan For Respondents: Mr.Vikram Ramakrishnan JUDGMENT (Judgment of the Court was delivered by R.SUBBIAH, J.,)
The appellant/husband has come forward with this appeal aggrieved by the order dated 12.09.2017 in H.M.O.P.No.783 of 2015 passed by the Family Court at Coimbatore, wherein and whereby the petition filed by the appellant under Section 13(1) (i) & 13(1)(i-a) of Hindu Marriage Act for dissolution of marriage between him and the respondent/wife on the ground of cruelty was dismissed.
2.The marriage between the appellant/husband and the 1st respondent/wife was solemnized on 08.12.2002 at J.M.Mahal, Manali Road, Palakkad, Kerala as per the Hindu Rites and Customs. After the marriage, both the appellant and the 1st respondent commenced their matrimonial life at the residence of the appellant at D.No.30, Mohammed Ali Street, Rathinapuri, Coimbatore. Subsequently, there was a matrimonial dispute
Issues for consideration
1 issue framed by the court
Whether the civil miscellaneous appeal against the dismissal of divorce petition on cruelty should be allowed in view of the compromise memorandum filed by parties?
Parties & counsel
- appellant
M.Sathish
- respondent
S.Divya
- respondent
Shaji
- respondent
Ramesh
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court