The court allowed a transfer petition to dissolve a marriage by mutual consent between the parties, granting a divorce decree based on their joint compromise memorandum rather than strictly following conventional transfer procedures, and directed the handover of jewels.
Divorce granted by mutual consent based on joint compromise memorandum; mars.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
Mrs.Sivasankari ... Petitioner/Respondent
PRAYER: Petition is filed under Section 24 of Code of Civil Procedure to withdraw the M.O.P.No.69 of 2019 from the file of the Family Court, Pondicherry and transfer the same to Family Court, Chengalpattu.
The Transfer Petition has been filed to transfer the case in M.O.P.No.69 of 2019 pending on the file of the Family Court, Pondicherry to the file of the Family Court, Chengalpattu.
of the Family Court, Chengalpattu, they are willing to get separated on mutual consent and divorce may be granted by this Court on mutual consent.
“28. Prolonging the divorce proceedings or not relieving the petitioner, from the clutches of the socalled holy bond of marriage, would be sheer injustice meted out to the poor lady, who, with fond hopes and colourful dreams, would have stepped into the marriage hall, only to get shocked terribly and shattered by the disease being suffered by the respondent. No amount of consolation, either by money or otherwise, could compensate the agony and pain undergone, both psychologically and physiologically, by the petitioner.
petitioner and the respondent, which this Court would not endeavour to do, in normal circumstances. Transferring the proceedings to the trial Court to face the trial for many years and then to superior Courts would only cause grave injustice to the petitioner. Hence, departing from conventional method of transferring the cases invoking Article 227 of the Constitution of India and Section 151 of the C.P.C., this Court has to grant decree of nullity of marriage dated 13.11.2014 as prayed for under Section 12(1)(c) of the Hindu Marriage Act, 1955 in H.M.O.P. No. 158 of 2015 filed by the petitioner and dismiss the respondent's petition filed under Section 9 of the Act seeking restitution of conjugal rights in F.C.O.P. No. 1922 of 2015. Assuming for a moment that the decree of nullity can not be granted under Section 12 (1) (c) of the Hindu Marriage Act, for the reasons stated in para 28 of this Order, divorce, under Section 13 (1) (ia) of the Hindu Marriage Act on the ground of cruelty has to be granted alternatively.
treatment of cancer reports. The journal of Lancaster Journal Hospital Spring issue 2016. It reports that immunotherapy, has the potential of treatment of cancer. Immunotherapy is a treatment that helps immune system to fight cancer. LIVE SCIENCE dated 21-8-2015 reported that 91 years old Former President of USA Mr. Jimmi Carter, who has advanced liver and brain cancer, received a drug called "PEMBROLIZUMAB" marketed as "KEYTRUDA" approved by FDA, USA in 2014 and his disease is stated to have been cured. Because of the above reason, the new magical drug "KEYTRUDA" is popularly called " CARTER DRUG ". It works in a new way to help the body's own immune system to tackle hard - to - reach tumor cells. Other can treating drugs are " Ipilimunmab, Opdivo, Yervoy, Nivolumab etc. Further, "in a matter of a few years, therapies have truly transformed the outlook for patients with melanoma and many other hard-to-treat cancers" said Dr. Don Dizon, an Oncologist at Massachusetts General Hospital and spokes person for "American Society for clinical Oncology" (ASCO). Moreover, researches are being conducted throughout the world by scientists to find effective and standard drugs to treat cancer patients. In view of the above developments and with new therapies and drugs, this Court hopes and believes that he would be successful in tackling the disease, as the disease of the respondent responds to the treatment. This Court once again stresses that the respondent should not feel discouraged and demoralized due to cancer as new medical therapies are creating wonders. What is needed is will-power and regular follow up. What is required for respondent and other cancer patients is will-power, courage, timely medication and regular follow-up. Not only Governments but also people should encourage and reassure them with compassion and support and they should not be ignored, discouraged, ridiculed and demoralized.
Marriage", is based on mutual faith and trust where both the bride and the groom are equal partners. If pre-marital examination of the respondent had been done, the diseases would have been diagnosed and the marriage would have been certainly stopped. If premarital examinations are done, many problems due to medical issues, failure of marriages due to fraud, non-disclosure of health problems etc., could be averted. Therefore, it is appropriate for the Central & State Governments to sensitize the people about the importance of pre-marital counseling atleast, if not premarital examination and the benefits of such counseling by medical experts by proper advertisements in media, short movies, conducting seminars in colleges etc. Will they ?”
Sub Assistant Registrar
ENCL: Xerox Copy of Joint Memo of Compromise
ar
To:
1.The Judge, The Family Court, Pondicherry.
+1cc to Mr. Anika P.Jason, Advocate, S.R.No. 3747 +1cc to Mr.P.Veeraraghavan, Advocate, S.R.No. 3445
TR.C.M.P.No.376 of 2019
GJ(CO)
GN(24/01/2020)
3 issues framed by the court
Whether a transfer petition can be used to grant a decree of divorce on mutual consent.
Whether the court can pass a decree based on a joint compromise memorandum despite limited prayers.
Whether pre-marital medical disclosure impacts marital rights under Article 21.
Colour shows how this judgement treated each authority
M. Kalpana Sridevi vs. C. SwaminathanFollowed¶6
M.Kalpana Sridevi -vs- C.Swaminathan
2 provisions across 2 enactments
Mrs. Sivasankari
Husband
S. Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
