Partly allowed

P.Kamakhya v. J.Karthick

Madras HC7 Nov 2023CMA(MD)/685/2022

Case brief

AI extract

What is this about?

The Court, in two civil miscellaneous appeals regarding matrimonial disputes involving annulment and restitution of conjugal rights, held that a settlement was reached during mediation. Consequently, the Court closed the annulment petition and modified the restitution case into a dissolution of marriage, dissolving the marriage effective August 23, 2018.

What did the court decide?

H.M.O.P.No.134 of 2019 closed; H.M.O.P.No.678 of 2019 modified to dissolve marriage dated 23.08.2018.

P.Kamakhya Vs J.Karthick — Matrimonial and Divorce | Madras HC (2023)

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C.M.A(MD)Nos.685 of 2022 and 448 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 07.11.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and THE HONOURABLE MR.JUSTICE P.B.BALAJI

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C.M.A(MD)Nos.685 of 2022 and 448 of 2023 and C.M.P.(MD)Nos.5944 of 2022 and 5623 of 2023

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P.Kamakhya ... Appellant/Petitioner in C.M.A(MD)No.685 of 2022 & Appellant/Respondent in C.M.A(MD)No.448 of 2023

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-vs-

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J.Karthick ... Respondent/Respondent inC.M.A(MD)No.685 of 2022 & Respondent/Petitioner inC.M.A(MD)No.448 of 2023

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PRAYER in C.M.A.(MD)No.685 of 2022: Civil Miscellaneous Appeal has been filed under Section 19(1) of the Family Courts Act, 1984 against the Order and Decree, dated 05.04.2022 made in H.M.O.P.No.134 of 2019 on the file of the Family Court, Madurai.

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PRAYER in C.M.A.(MD)No.448 of 2023: Civil Miscellaneous Appeal has been filed under Section 19(1) of the Family Courts Act, 1984 against the Fair and Decreetal order, dated 05.04.2022 made in H.M.O.P.No.678 of 2019 on the file of the Family Court, Madurai.

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_____________ Page 1 of 6_ https://www.mhc.tn.gov.in/judis

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C.M.A(MD)Nos.685 of 2022 and 448 of 2023

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In both appeal:

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For Appellant	: Mr.Isaac Mohanlal
	Senior Counsel
	for M/s.Isaac Chambers
For Respondent	: Mr.C.Mayilvahana Rajendran

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COMMON JUDGMENT

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[Order of the Court was made by RMT.TEEKAA RAMAN, J.]

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By consent of both parties, the matters are taken up together by way of common disposal.

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2.The appeal in C.M.A(MD)No.685 of 2022 is directed against the Order

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and Decree, dated 05.04.2022 made in H.M.O.P.No.134 of 2019 on the file of the Family Court, Madurai.

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3.The appeal in C.M.A(MD)No.448 of 2023 is directed against the Fair and Decreetal order, dated 05.04.2022 made in H.M.O.P.No.678 of 2019 on the file of the Family Court, Madurai.

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Page 2 of 6 https://www.mhc.tn.gov.in/judis

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C.M.A(MD)Nos.685 of 2022 and 448 of 2023

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4.For the sake of convenience, the parties are referred to as husband and

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wife.

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5.The wife has filed H.M.O.P.No.134 of 2019 for annulment of marriage under Section 12(1)(a) of the Hindu Marriage Act and the husband has filed H.M.O.P.No.678 of 2019 for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.

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6.After trial, the Family Court at Madurai has dismissed the petition in H.M.O.P.No.134 of 2019 filed by the wife and decreed the petition in H.M.O.P.No.678 of 2019 filed by the husband and hence, the present appeals have been filed.

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7.After hearing the learned Senior Counsel for the appellant/wife and the learned counsel for the respondent/husband, we felt that there is an element of settlement. Considering the future of both the parties, and to explore the possibility of an amicable settlement, the matter was referred to mediation. Mediation has taken place today ie., on 07.11.2023 before the Tamil Nadu Mediation and Conciliation Centre attached to the Madurai Bench of Madras

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_____________ Page 3 of 6_ https://www.mhc.tn.gov.in/judis

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C.M.A(MD)Nos.685 of 2022 and 448 of 2023

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High Court, where, a settlement agreement was rendered between the parties and duly counter signed by their respective counsel. Thereafter, with the Mediation report, the case was called in the Chamber.

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8.We had personal interactions with the wife separately and the husband separately, along with their respective counsel and the terms of the settlement agreement were explained to both the parties and both of them accepted that they have signed in the respective places. The terms of settlement agreement is taken on file.

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9.As we find that H.M.O.P.No.134 of 2019 filed by the wife is no longer necessary, accordingly, the same is hereby closed. In respect of H.M.O.P.No.678 of 2019 filed by the husband-Karthick for restitution of conjugal rights, in view of the settlement, the same is hereby modified into that of dissolution of marriage, considering the future of both the parties, the allegation or counter allegation against both the parties.

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10.Accordingly, the marriage dated 23.08.2018 stands dissolved. The Civil Miscellaneous Appeal in C.M.A(MD)No.685 of 2022 is closed and

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_____________ Page 4 of 6_ https://www.mhc.tn.gov.in/judis

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C.M.A(MD)Nos.685 of 2022 and 448 of 2023

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C.M.A(MD)No.448 of 2023 is disposed of as per the terms of settlement agreement accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

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[T.K.R., J.] [P.B.B., J.] 07.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sji

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1.The Family Court, Madurai.

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2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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_____________ Page 5 of 6_ https://www.mhc.tn.gov.in/judis

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C.M.A(MD)Nos.685 of 2022 and 448 of 2023

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RMT.TEEKAA RAMAN, J. and P.B.BALAJI, J.

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sji

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C.M.A(MD)Nos.685 of 2022 and 448 of 2023 and C.M.P.(MD)Nos.5944 of 2022 and 5623 of 2023

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07.11.2023

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_____________ Page 6 of 6_ https://www.mhc.tn.gov.in/judis

P.Kamakhya v. J.Karthick

Case brief

What is this about?

What did the court decide?

P.Kamakhya v. J.Karthick

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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