##PAGE1##

2026:MHC:495

CMA No. 185 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-02-2026

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

AND

THE HONOURABLE MR.JUSTICE R.SAKTHIVEL

CMA No. 185 of 2023

A.Kiruthika Appellant(s)

Vs

N. Anandhan Respondent(s)

PRAYER: Civil Miscellaneous Appeal filed under Section 19 of Family Court

Act, to set aside the fair and decreetal order dated 12.09.2022 made in HMOP

No.1636 of 2017 on the file of the Learned Additional Principal Family Court,

Coimbatore.

For Appellant(s): Ms.M.V.Saranya

for Mr.Shangar Murali

For Respondent(s): Ms.V. Gayathri

JUDGMENT

(Judgment made by N.Sathish Kumar J.)

Civil Miscellaneous Appeal has been originally filed challenging the

decree and judgment of the Trial Court dated 12.09.2022 dismissing the petition

in HMOP.No.1637 of 2017 seeking for grant of divorce on the ground of

cruelty.

2. When the appeals are taken up for hearing today, both the

appellant/wife and respondent/husband appeared before this Court and they

were identified by their respective counsel. The learned counsel appearing for

the appellant and respondent along with the parties represented that the parties

have arrived at the settlement and are filing a Joint Memo of Compromise dated

https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/02/2026 06:03:13 pm )

CMA No. 185 of 2023

05.02.2026, duly signed by both the appellant as well as respondent and their

respective counsel and prayed for passing of decree of divorce by mutual

consent. The said joint memo of compromise is taken on file and recorded.

3. It is the admitted fact that the marriage between the appellant and the

respondent was solemnised on 03.06.2009. From the wedlock, the minor son

was born on 28.02.2013, later due to strained relationship in the matrimonial

life, the appellant has filed the petition for divorce in the year 2017 and the

parties are not living together from the year 2014 and they are separated for

almost more than 11 years, now, they have reached the settlement agreeing for

divorce by mutual consent.

4. Considering the above, we are of the view that as the parties are in

separation for more than 11 years and there is no chance of reconciliation, we

are inclined to treat the pending application as petition under Section 13B of the

Hindu Marriage Act and waive the period of six months considering the long

pendency of the petition and their separation. Accordingly, the divorce is

granted and the marriage between the appellant and the respondent solemnised

on 03.06.2009 stands dissolved through divorce by mutual consent.

5. In view of the above, this Civil Miscellaneous Appeal is disposed of by

granting decree of divorce by mutual consent in terms of joint memo of

https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/02/2026 06:03:13 pm )

CMA No. 185 of 2023

compromise. The Joint Memo of Compromise dated 05.02.2026 shall form part

of the decree. No costs. The respondent/husband is entitled to visitation rights as

agreed in the joint memo to visit his minor child once in a month, i.e., 3rd

Sunday. The parties shall bind with regard to the other terms as agreed in the

joint compromise memo.

(N.SATHISH KUMAR J.)(R.SAKTHIVEL J.)

05-02-2026

dhk

Index:Yes/No

Speaking/Non-speaking order

Internet:Yes

Neutral Citation:Yes/No

To

The Additional Principal Judge

Additional Principal Family Court,

Coimbatore

https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/02/2026 06:03:13 pm )

CMA No. 185 of 2023

N.SATHISH KUMAR J.

AND

R.SAKTHIVEL J.

dhk

CMA No. 185 of 2023

05-02-2026

https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/02/2026 06:03:13 pm )