Partly allowed

Dhanalakshmi v. S.Perumal Samy

Madras HC25 Aug 2020CMA/4703/2019

Case brief

AI extract

What is this about?

The High Court disposed of two composite miscellaneous appeals filed by a wife challenging a divorce pronouncement and custody decree. The appeals were decided based on a joint compromise agreement wherein the wife agreed to the divorce and custody transfer to the husband.

What did the court decide?

C.M.A. 4703 of 2019 allowed; C.M.A. 4706 of 2019 dismissed; joint compromise decree framed.

Dhanalakshmi Vs S.Perumal Samy — Child Custody and Guardianship | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 25.08.2020

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CORAM:

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THE HONOURABLE MR.JUSTICE R.SUBBIAH and

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THE HONOURABLE MR.JUSTICE C.SARAVANAN

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C.M.A.Nos.4703 and 4706 of 2019

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Dhanalakshmi .. Appellant in both the appeals

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Vs.

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S.Perumal Samy .. Respondent in both the appeals

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Prayer: Civil Miscellaneous Appeal No.4703 of 2019 filed under Section 19 of the Family Courts Act, 1984 against the order and decree dated 04.09.2019 made in F.C.O.P.No.174 of 2015 on the file of the Family Court, Vellore, Vellore District.

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Prayer: Civil Miscellaneous Appeal No.4706 of 2019 filed under Section 19 of the Family Courts Act, 1984 against the order and decree dated 04.09.2019 made in F.C.O.P.No.50 of 2017 on the file of the Family Court, Vellore, Vellore District.

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For appellant : Mr.E.Kannadasan (in both the appeals) For respondent : Mr.Arun Anbumani (in both the appeals)

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COMMON JUDGMENT

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(The Common Judgment of the Court was delivered by R.Subbiah, J)

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These appeals are heard through video-conferencing.

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Civil Miscellaneous Appeal No.4703 of 2019 is filed by the appellant herein (wife) against the order and decree dated 04.09.2019 made in F.C.O.P.No.174 of 2015 on the file of the Family Court, Vellore, Vellore District, in dismissing the divorce petition filed under Section 13(1)(i)(i-a) of the Hindu Marriage Act, by the appellant herein on the ground of cruelty and adultery.,

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Civil Miscellaneous Appeal No.4706 of 2019 is also filed by the appellant herein (wife) against the order and decree dated 04.09.2019 made in F.C.O.P.No.50 of 2017 on the file of the Family Court, Vellore, Vellore District, in allowing the petition filed by the respondent herein (husband) under Sections

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https://hcservices.ecourts.gov.in/hcservices/

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7, 8 and 25 of the Guardian and Wards Act, seeking custody of the minor son Sri Prapanjan and to appoint the respondent herein as guardian to the said minor son.

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Today, when both these appeals are taken up for consideration, the respective parties and their counsel are present through video-conferencing and submitted that the parties have arrived at an amicable settlement between themselves and the appellant/wife agreed for divorce as well as to handover the custody of the said minor son to the respondents-husband and to appoint him as guardian. In the above terms, the parties have filed joint memorandum of compromise, dated 25.08.2020, before this Court by the present counsels in these appeals and singed by the parties and their respective trial Court's counsel.

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Accordingly, C.M.A.No.4703 of 2019 filed by the wife challenging the dismissal of the petition filed for divorce before the trial Court, is allowed and C.M.A.No.4706 of 2019 filed by the wife challenging the custody and guardianship given to the respondent by the trial Court, is dismissed, in terms of the said joint memorandum of compromise, which shall form part of the judgment/decree. No costs.

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Sd/Assistant Registrar //True copy// Sub Assistant Registrar To

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The Judge, Family Court, Vellore, Vellore District.

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The Section Officer, V.R. Section, High Court, Madras.

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+2 cc's to M/s.E.Kannadasan, Advocate,sr.27705, 27706 ssv(co) krd 28/12 C.M.A.Nos.4703 and 4706 of 2019

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https://hcservices.ecourts.gov.in/hcservices/

Dhanalakshmi v. S.Perumal Samy

Case brief

What is this about?

What did the court decide?

Dhanalakshmi v. S.Perumal Samy

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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