Dismissed

Dhanya Meenakshi v. P. Geetha Ramanan

Madras HC7 Jan 2021TR CMP(MD)/44/2020

Case brief

AI extract

What is this about?

The court recorded a joint memorandum of compromise for mutual divorce filed by the parties under Section 13-B of the Hindu Marriage Act, noting they had lived apart for over a year and no possibility of reunion existed.

What did the court decide?

Mutual divorce granted and marriage dissolved. The underlying case withdrawn to the Family Court. Transfer petition and connected conditional petition disposed of.

Dhanya Meenakshi Vs P. Geetha Ramanan — Matrimonial and Divorce | Madras HC (2021)

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TR.CMP(MD).No.44 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.01.2021 CORAM :

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THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN TR.CMP(MD).No.44 of 2020 and CMP(MD).No.823 of 2020

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Dhanya Meenakshi

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.. Petitioner / Respondent

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Vs.

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P. Geetha Ramanan .. Respondent/ Petitioner

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Prayer: Transfer CMP filed under Section 24 CPC filed to withdraw the case in HMOP.No.151 of 2019 from the file of Family Court, Karur and transfer the same to the file of Family Court, Madurai for the disposal of the case on merits and in accordance with law.

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For petitioner : Mr.R. Gandhi For respondent : Mrs. M. Maria Vinola

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ORDER

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Though this Transfer Civil Miscellaneous Petition is filed to withdraw HMOP.No.151 of 2019 from the file of Family Court, Karur and transfer the same to the file of the Family Court, Madurai, the parties have filed a Joint Memorandum seeking the divorce under Section 13-B of the Hindu Marriage Act.

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A perusal of the proceedings shows that the parties have been living apart for more than a year and six months time has lapsed from the date of initiation of the proceedings before this Court itself.

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I find that the conditions laid down by the Hon'ble Supreme Court in Amardeep Singh Vs. Harveen Kaur reported in 2017 (8) SCC 746 have been complied with and there is no possibility of the reunion between the parties even if the cooling-off period is insisted upon.

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In view of the same, the above Joint Memorandum of Compromise, dated 21.12.2020 is recorded and the marriage between the parties is dissolved under Section 13-B of the Hindu Marriage Act. The HMOP.No.151 of 2019 pending on the file of the Family Court, Karur is withdrawn to this Court and there will be a decree for divorce under Section 13-B of the Hindu Marriage Act in the said HMOP. The Joint Compromise Memo, dated 21.12.2020 filed by the parties shall form part of the decree.

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

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TR.CMP(MD).No.44 of 2020

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With the above observation, this Transfer Civil Miscellaneous Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

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Sd/-

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Assistant Registrar (Cs-I)

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

trp

1.The Judge

The Family Court, Karur.

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2.The Section Officer,(2Copies) VR Section, Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.M.MARIA VINOLA, Advocate ( SR-488[F] dated 07/01/2021 )

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TR.CMP(MD).No.44 of 2020 and CMP(MD).No.823 of 2020 07.01.2021

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KUN(CO) KB(08.02.2021) 2P 5C

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

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Dhanya Meenakshi v. P. Geetha Ramanan

Case brief

What is this about?

What did the court decide?

Dhanya Meenakshi v. P. Geetha Ramanan

Case brief

What is this about?

What did the court decide?

What the court decided

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