We buried our differences, couple inform HC Bench
19/01/2020, STAFF REPORTER ,MADURAI
Taking cognisance of the fact that a married couple from Nagercoil had buried their differences and were living together, the Madurai Bench of the Madras High Court closed a divorce application pending before the Additional District Judge, Nagercoil.
It was hearing the appeal filed by the husband, Solomon Banerji from Nagercoil, who challenged the trial court’s order granting ₹ 8,000 towards maintenance to his wife and children. During the course of the hearing, it was informed that the couple had settled their differences amicably and were living together.
Taking note of the submission made by the couple who were present before the court, Justice N. Sathish Kumar said since the matter was settled, the divorce application pending before the lower court could be closed. Additional District Judge, Nagercoil, is required to close the divorce petition as infructuous as the matter had been amicably settled between the parties, the court said.
The court said that as far as the appeal was concerned, the trial court had taken note of the factual scenario then and awarded the maintenance. Since both parties were residing together, the question of executing the order does not arise. However, the court said that if the husband in future neglects to maintain his wife and children, the trial court order can be put in execution and enforceable by the wife. The appeal was disposed of.
19/01/2020, STAFF REPORTER ,MADURAI
Taking cognisance of the fact that a married couple from Nagercoil had buried their differences and were living together, the Madurai Bench of the Madras High Court closed a divorce application pending before the Additional District Judge, Nagercoil.
It was hearing the appeal filed by the husband, Solomon Banerji from Nagercoil, who challenged the trial court’s order granting ₹ 8,000 towards maintenance to his wife and children. During the course of the hearing, it was informed that the couple had settled their differences amicably and were living together.
Taking note of the submission made by the couple who were present before the court, Justice N. Sathish Kumar said since the matter was settled, the divorce application pending before the lower court could be closed. Additional District Judge, Nagercoil, is required to close the divorce petition as infructuous as the matter had been amicably settled between the parties, the court said.
The court said that as far as the appeal was concerned, the trial court had taken note of the factual scenario then and awarded the maintenance. Since both parties were residing together, the question of executing the order does not arise. However, the court said that if the husband in future neglects to maintain his wife and children, the trial court order can be put in execution and enforceable by the wife. The appeal was disposed of.
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