Madras High Court
CMA(MD)/171/2020 of C.K.JEGHANIVAS BAHAVATHNATH Vs S.SUMITHA on 15 September 2026
CMA(MD) No. 171 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15-09-2026
CORAM
THE HON'BLE MR JUSTICE G.R.SWAMINATHAN
AND
THE HON'BLE MRS.JUSTICE M.D.SUMATHI
CMA(MD) No. 171 of 2020
and
C.M.P.(MD)No.2920 of 2020
CNR:{HCMD011016532019}
C.K.Jeghanivas Bahavathnath
S/o.Chithambaranathan,
No.18-14/1, Vepparavilai Veedu, Olocode, Chemponvilai, Kalkulam Taluk, Kanyakumari District.
.. Appellant /
Petitioner
Vs
1. S.Sumitha
D/o.Subramanian,
Therkuvelliyavilai Street,
(Near Ethamozhi Government
Middle School),
Dharmapuram Post, Agasteeswaram Taluk,
Kanyakumari District.
2. D.Dinesh
S/o.Devadhas,
No.12/19-4, Panikankudieruppu,
Puthalam Post,
Kanyakumari District.
..Respondent /
Respondent
Prayer : Civil miscellaneous appeal filed under Section 19(1) of the Family Courts Act, to call for the records pertaining to fair and decreetal
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CMA(MD) No. 171 of 2020
order in HMOP No.215 of 2018 on the file of the Family Court, Kanyakumari District at Nagercoil on 30.07.2019 and set aside the same as erroneous and unsustainable and may grant the decree of divorce between appellant and first respondent.
For Appellant:
Mr.A.Balakrishnan
For Respondent(s):
Mr.K.Vamanan for R-1.
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JUDGMENT
(Judgment of the Court was delivered by G.R.Swaminathan J.) The marriage between the appellant and the first respondent was solemnised on 27.01.2010 as per the Hindu rites and customs. Two girl children were born through the wedlock. The relationship between the parties came under strain. The appellant filed H.M.O.P.No.215 of 2018 on the file of the Family Court, Kanyakumari District at Nagercoil seeking divorce on the ground of cruelty on the part of the first respondent herein. This OP was dismissed by the Court below vide order dated 30.07.2019. Questioning the same, this appeal came to be filed.
2. When the matter was taken up for hearing, the learned counsel reported compromise. The parties are remaining separate since 27.02.2017. There is no possibility of reunion. The Hon’ble Supreme Court
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CMA(MD) No. 171 of 2020
in the decision reported in 2023 SCC OnLine SC 497 (Shri Rakesh Raman Vs. Kavitha) had held that the long separation and absence of cohabitation and the complete breakdown of all meaningful bonds and the existing bitterness between the parties has to be read as cruelty under Section 13(1)(ia) of the 1955 Act.
3. The first respondent stated that the marriage can be dissolved subject to payment of lumpsum towards maintenance of the daughters. The appellant stated that he will pay a sum of Rs.10 Lakhs each in favour of the children. This amount will be given by way of demand draft drawn in favour of the first respondent.
4. In view of the consensus arrived at between the parties, we set aside the impugned order passed by the Court below. We make it clear that the marriage that took place between the parties stands dissolved. This order granting divorce in favour of the appellant will come into force only upon payment of Rs.20 Lakhs by the appellant to the first respondent. This civil miscellaneous appeal stands allowed on these terms. No costs. Consequently, connected miscellaneous petition is closed. (G.R.S.,J.) (M.D.S.,J.) 15-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PMU
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CMA(MD) No. 171 of 2020
To:
1. The Judge, Family Court, Kanyakumari District at Nagercoil.
2. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai.
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CMA(MD) No. 171 of 2020
G.R.SWAMINATHAN, J. AND M.D.SUMATHI, J. PMU CMA(MD) No. 171 of 2020 15-09-2026
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