Madras High Court
CMA/2422/2021 of MOHANA Vs THIRUSELVAM on 13 October 2026
____________
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2026
CORAM
THE HON'BLE MR JUSTICE M.DHANDAPANI
AND
THE HON'BLE DR.JUSTICE A.D.MARIA CLETE
CMA No. 2422 of 2021
CNR: {HCMA010757842021}
Mohana
... Appellant
Vs
Thiruselvam
... Respondent
Prayer : Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, 1984, praying to set aside the decree and judgment dated 29.01.2021 passed in O.P.No.1348 of 2015 dated 29.01.2021 on the file of the V Additional Family Court, Chennai by allowing the above C.M.A.
For Appellant
: Mr.K.Bommuraj
For Respondent
: Mr.G.Ashokkumar
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JUDGMENT
(Judgment of the Court was delivered by M.Dhandapani J.) The appellant/wife has filed this Civil Miscellaneous Appeal challenging the judgment and decree dated 29.01.2021 passed by the V Additional Family Court, Chennai in O.P.No.1348 of 2015, whereby the original petition filed by the respondent/husband seeking restitution of conjugal rights was allowed.
( Uploaded on: 15/10/2026 05:36:10 pm )
CMA No. 2422 of 2021 ____________
M.DHANDAPANI, J. AND DR.A.D.MARIA CLETE, J. sp
2. When the matter is taken up for hearing today, learned counsel appearing for the appellant would submit that the appellant/wife is not ready to live with her husband/respondent. Hence, he seeks permission of this Court to withdraw this appeal with liberty to the appellant to file a petition before the family court for divorce by mutual consent. He has also made an endorsement to that effect in the court bundle today.
3. Recording the same, the Civil Miscellaneous Petition is dismissed as withdrawn with liberty to the appellant to workout the remedy before the family court. No costs. (M.D.I.,J.) (A.D.M.C.,J.) 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sp To The V Additional Family Court, Chennai.
( Uploaded on: 15/10/2026 05:36:10 pm )