The High Court converted a dismissed petition for nullity of marriage into a petition for dissolution under Section 10A of the Indian Divorce Act following amicable mediation and mutual consent, dissolving the marriage.
The marriage between the appellant and respondent dated 09.02.2014 is dissolved. Connected miscellaneous petitions are closed.
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.
C.M.A.(MD) No.888 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.04.2024
CORAM
JUSTICE N. SESHASAYEE
and
JUSTICE P.VADAMALAI
C.M.A.(MD) No.888 of 2023 and C.M.P.(MD) Nos.12551 and 12552 of 2023
J.Alfred Joseph ... Appellant/ Petitioner
Vs.
R.Queenteen Adaikala Mary ... Respondent/ Respondent
Prayer: Appeal filed under Section 19(1) of Family Courts Act to set aside the impugned order and decree dated 20.03.2023 passed in I.D.O.P.No.17 of 2016 by the Family Court (Chairman/District Judge, Permanent Lok Adalat), Tiruchirappalli.
For Appellant : Mr.M.Jerin Mathew
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C.M.A.(MD) No.888 of 2023
For Respondent : Mrs.T.Banumathy
JUDGMENT
(Judgment of the Court was delivered by N.Seshasayee, J.)
The appellant herein has applied for decree of nullity of marriage with the respondent that took place on 09.02.2014. The marriage was short-lived and indeed, it lived for a bare three months. The allegation essentially was relying to certain medical issues leading to physical incompatibility for physical relationship. This was denied by the respondent. The petition filed by the husband was dismissed by the Family Court, Tiruchirappalli. Therefore, the present appeal.
be happy, if the matrimony is brought to an end. Both sides appeared before this Court and this Court heard the submissions and also interviewed the parties. This Court is satisfied that the marriage is irretrievably broken, as the parties do not neither seem to have the requisite trust for resumption of
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C.M.A.(MD) No.888 of 2023
matrimony, nor seem to share an anxiety for re-union. This Court, therefore converts the petition filed by the appellant/husband into one of a petition for dissolution of marriage under Section 10A of the Indian Divorce Act. In this regard, the report of the Mediator, dated 17.04.2024 is also significant whose terms are now re-produced below:
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C.M.A.(MD) No.888 of 2023
before any Forum.
7. By signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect C.M.A(MD) No.888/2023 and all disputes and differences in this regard that have been amicably settled by the Parties hereto through the process of Mediation.
(N.S.S., J.) (P.V.M., J.) 30.04.2024
NCC : Yes/No Index : Yes/No Internet : Yes
ABR
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C.M.A.(MD) No.888 of 2023
To The Family Court (Chairman/District Judge, Permanent Lok Adalat), Tiruchirappalli.
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C.M.A.(MD) No.888 of 2023
N. SESHASAYEE, J. and P.VADAMALAI, J.
ABR
C.M.A.(MD) No.888 of 2023
30.04.2024
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2 issues framed by the court
Whether a petition for nullity of marriage can be converted into a petition for dissolution of marriage upon mutual consent and mediation settlement.
Whether the marriage was irretrievably broken based on mediation report and party interviews.
2 provisions across 2 enactments
J. Alfred Joseph
R. Queenteen Adaikala Mary
N. SESHASAYEE
P. VADAMALAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
