Vandana v. Sabari Sankar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2020 C O R A M THE HONOURABLE MR.JUSTICE M. GOVINDARAJ TR C.M.P. No.34 of 2019 and C.M.P.No.1292 of 2019 Vandana ... Petitioner Vs.

Sabari Sankar ... Respondent PRAYER: Transfer Civil Miscellaneous Petition filed under section 24 of C.P.C., to withdraw the H.M.O.P.No.233 of 2018 pending before the District Family Court, Dindugal and transfer the same to the Family Court, Chennai.

For Petitioner : Mr.A.Kumanaraja For Respondent : Mr.V.Kamala Kumar *****

O R D E R

The respondent / husband filed a petition for restitution of conjugal rights in H.M.O.P.No.233 of 2018 on the file of the Family Court, Dindugal. Since the petitioner / wife is the resident of Chennai, she filed the above transfer petition to transfer the file from Dindugal to Chennai.

2.

This Court, considering the relationship of parties, referred the matter to Mediation. In fact, in the Mediation Centre they have almost reached settlement, wherein the petitioner / wife agreed to rejoin with her husband and also agreed to withdraw the complaints before the National Commission for women and the General Manager, Punjab National Bank, Mumbai. Thereafter, it appears that the petitioner / wife is not willing to comply with the terms of settlement.

3.

Even though the parties arrived at a settlement before the Mediation, the petitioner / wife is not willing to agree the same. Hence, the Mediation agreement could not be recorded at this circumstance.

1/2 https://hcservices.ecourts.gov.in/hcservices/

4.

The respondent / husband has agreed that he is not pressing the H.M.O.P.No.233 of 2018. The learned counsel for the respondent would make an endorsement to the effect that the petition may be dismissed as withdrawn. Based on the endorsement made, H.M.O.P.No.233 of 2018 is withdrawn from the file of District Family Court, Dindugal and dismissed as withdrawn. In view of the above, nothing survives for further adjudication and accordingly closed. No costs. Consequently, connected miscellaneous petition is closed.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar bri To The District Family Court, Dindugal.

+1 cc to M/s.V.Kamala Kumar Advocate sr9112 +1 cc to M/s.A.Kumana Raja Advocate sr9646 TR C.M.P. No.34 of 2019 and C.M.P.No.1292 of 2019 cp(co) aa15/04/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/