Madras High Court
CMA/2142/2026 of Asamhita Vs Anbarasen on 7 September 2026
C.M.A.No.2142 of 2026
P.T.ASHA J.
AND
N.MALA J.
(Order of the Court was made by P.T.ASHA,J.,)
Today the matter is listed under the caption 'for being mentioned'.
2. It is brought to the notice of the Court that in the last line of paragraph No.6 of the judgment of this Court dated 07.09.2026 in C.M.A.No.2142 of 2026, it should read as "annulled by decree of nullity" instead of "dissolved by granting a decree of divorce".
4. Registry is directed to incorporate the correction as below in paragraph No.6
of the said order :
"6. ..... .... ..... The marriage solemnised between the appellant and respondent on 02.07.2025 in Jenika Farm House at Puducherry, is declared as annulled by a decree of nullity. No costs."
The rest of the judgment dated 07.09.2026 remains unaltered.
(P.T.A.,J.) (N.M.,J.)
29-09-2026
DS
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P.T.ASHA J.
AND
N.MALA J.
DS
C.M.A.No.2142 of 2026
25-09-2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-09-2026
CORAM
THE HON'BLE MS. JUSTICE P.T. ASHA
AND
THE HON'BLE MRS.JUSTICE N. MALA
CMA No. 2142 of 2026
Asamhita
D/o. Kangueyan
No.3, Karumara Street
Mudaliarpet
Puducherry - 605 004.
..Appellant
Vs
Anbarasen
S/o. Balaraman
No.5, Middle Street
Madikrishnapuram, Manapet
Puducherry - 607 402.
..Respondents
PRAYER : Civil Miscellaneous Appeal filed under Section 19 of Family Court Act r/w. Section 28 of the Hindu Marriage Act, to set aside the judgement and decree dated 21.05.2026 made in MOP No.840 of 2025 on the file of the Family Court, Puducherry and consequently allow the said MOP No.840 of 2025 as prayed for and thus render justice.
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For Appellant :
Mr.S Adarsh
For Respondent :
Mr.R.Saravanan
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Judgment
(Judgment of the Court was delivered by P.T.Asha J.) Challenging the order dated 21.05.2026 in MOP.No.840 of 2025 on the file of the Family Court, Puducherry, the appellant-wife has filed the present civil miscellaneous appeal.
2. The appellant has filed M.O.P.No.840 of 2025 seeking to declare her marriage solemnised on 02.07.2025 with the respondent, as null and void as per Section 12(1)(c) of the Hindu Marriage Act. The appellant and respondent had filed a joint compromise memo dated 27.03.2026 before the Family Court, Puducherry, wherein it has been stated as follows : "2. Both parties agree that from the date of their marriage to till date their marriage has not been consummated, they have not begot any issues, they both are living separately since their marriage to till date without any cohabitation, that their differences is irreconcilable and that this MOP is filed within a year of their marriage.
3. Petitioner herein admits that she withdraws her allegations of ground of impotency under Section 12(1)(a) of Hindu
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Marriage Act, 1955 in above MOP as against the Respondent herein.
9. Therefore, it is prayed that this Hon'ble Court may be pleased to dispose the above M.O.P by recording the terms of this Joint Compromise Memo to declare their marriage solemnised on 02.07.2025 in Jenika Farm House at Puducherry as Nullity as per Section 12(1) (c) of Hindu Marriage Act, 1955, and thus render justice."
3. The Family Court, taking note of the joint compromise memo filed on 27.03.2026, went on to hold that the petitioner-wife had withdrawn her allegations of ground of impotency, and therefore, no surviving ground remains for consideration of annulment of marriage, and accordingly, dismissed the said MOP. Aggrieved by the same, the appellant-wife is before this Court.
4. Heard the learned counsel on either side and also perused the materials placed on record.
5. The learned counsel appearing for the respondent would submit that the respondent has no objection to the appeal being allowed. He has also filed a counter affidavit dated 07.09.2026, wherein it has been stated as follows : " In light of the fact that both parties have continuously lived apart, the marriage was never consummated, and both parties
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executed a Joint Compromise Memo to bring the marital bond to an end, the Respondent respectfully submits that he has no objection to setting aside the Judgment and Decree dated 21.05.2026 passed in M.O.P.No.840 of 2025 by the Family Court, Puducherry, and granting the decree of annulment / dissolution as prayed for by the Appellant."
6. Recording the statement of the respondent-husband that he also wants to bring the marital bond to an end, the civil miscellaneous appeal is allowed and the decree of the Family Court is set aside. The marriage solemnised between the appellant and respondent on 02.07.2025 in Jenika Farm House at Puducherry, is dissolved by granting a decree of divorce. No costs. (P.T.A.,J.) (N.M.,J.) 07-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DS To:
1. The Family Court Puducherry.
2. The Section Officer VR Section High Court, Madras.
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P.T.ASHA J. AND N.MALA J. DS CMA No. 2142 of 2026 07-09-2026
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