Wife's appeal against dismissal of her cruelty and desertion divorce petition was settled by a joint compromise memo; the High Court dissolved the 2015 marriage by decree of mutual consent, waiving all maintenance claims.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.01.2024
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HONOURABLE MR JUSTICE C.KUMARAPPAN
C.M.A(MD)No.945 of 2023
Priya Dharshini ... Appellant/Petitioner .Vs. M.Karthick ... Respondent/Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, praying this Court to set aside the fair and decretal order made in H.M.O.P.No.48 of 2018, dated 16.05.2023, on the file of Family Court, Tiruchirappalli.
For Appellant : Mr.J.Maria Roseline
For Respondent : Mr.V.Meenakshisundaram
1/5
JUDGMENT
DR.G.JAYACHANDRAN,J. AND C.KUMARAPPAN,J.
This Civil Miscellaneous Appeal is directed against the order mae in H.M.O.P.No.48 of 2018, dated 16.05.2023, on the file of Family Court, Tiruchirappalli.
2.H.M.O.P.No.48 of 2018 filed by the wife for divorce on the ground of cruelty and desertion was dismissed by the trial Court on 16.05.2023. Aggrieved by the dismissal of her petition for divorce, the wife preferred the present appeal in C.M.A(MD)No.945 of 2023 and the same is pending for consideration before this Court.
3.The specific case pleaded in the divorce petition is that the appellant married the respondent on 23.11.2015 at Srirangam as per Hindu rites and customs. But the marriage did not sustain for long due to the illtreatment of the respondent/husband. From January 2016 onwards, both are living separately. However, the plea of crulety and desertion did not find favour with the trial 2/5
Court. Hence the divorce petition was dismissed. Now pending appeal, both the parties have entered into a compromise and filed a Joint Compromise Memo stating that they have realised that their marriage has broken down irretrievbly and the possibility of reunion has become remote. They want to get separated by consent and therefore, they have filed this Joint Compromise Memo and requested this Court to treat it as a joint petition for dissolution of marriage by mutual consent on the ground of incompatability and prolonged separation. Both the parties are present before this Court physically and they are identified by their respective counsels. The Joint Compromise Memo was signed by both the parties and by their respective counsels. The parties have prayed for dissolution of marriage solemnized between them on 23.11.2015 by mutual consent and that neither of them have any mutual claim against each other in future, both monetary and otherwise. All the claims towards maintenance past, present and future has been waived by both the parties
4.In view of the Joint Compromise Memo filed by both the parties, the Civil Miscellaneous Appeal is disposed of in terms of the Joint Compromise Memo and the marriage solemnized between the appellant and respondent on
3/5
23.11.2015 at Srirangam according to Hindu rites and customs is dissolved by a decree of divorce by mutual consent. The Joint Compromise Memo filed by both
the parties shall form part and parcel of the decree. There is no order as to costs.
[G.J.,J.] [C.K.,J.]
24.01.2024
NCS : Yes/No Index : Yes / No Internet : Yes / No vsn
To
1.The Judge, Family Court, Tiruchirappalli.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
4/5
DR.G.JAYACHANDRAN, J. and C.KUMARAPPAN,J.
vsn
JUDGMENT MADE IN
C.M.A(MD)No.945 of 2023
24.01.2024
5/5
1 issue framed by the court
Whether the marriage should be dissolved by mutual consent based on the Joint Compromise Memo filed during a pending appeal against dismissal of a divorce petition.
1 provisions across 1 enactments
Priya Dharshini
M.Karthick
G.Jayachandran
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
