M. Bhuvaneswari v. S. Manikandan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.10.2015 C O R A M THE HONOURABLE Mr.JUSTICE B.RAJENDRAN C.M.A.No.440 of 2015 and M.P.No.1 of 2015

1. M.Bhuvaneswari

2. G.Murali Iyyer .. Appellants/Respondents vs S.Manikandan .. Respondent/Petitioner Civil Miscellaneous Appeal is filed under Section 47 of Guardians and Wards Act against the order and decree in G.W.O.P.No.13 of 2014, dated 12.01.2015 passed by the learned Principal District Court, Cuddalore.

For Appellant ...

Mr.K.S.Ilangovan For Respondent ...

Mr.K.G.Vasudevan

JUDGMENT

This Civil Miscellaneous Appeal was referred for mediation to Tamil Nadu Mediation and Conciliation Centre, High Court, Madras.

2. A communication dated 14.10.2015 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its report dated 07.10.2015 has been received, wherein it is stated as follows:- "Both the parties appeared and their Counsels present. The parties have settled the matter amicably as per the terms cited in the Mediation Agreement which is enclosed herewith. Hence, the matter is placed before the Hon'ble Court.''

3. As the parties have arrived at a settlement in terms of the agreement entered into between them, this Civil Miscellaneous Appeal is listed for passing of an order in terms of the settlement.

4.The Mediation Agreement dated 07.10.2015, signed by the parties and their respective counsel reads as follows:- ''Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows:

1. The appellants Mr.Bhuvaneswari and G. Murali Iyer present with their counsel. The respondent S.Manikandan present along with his counsel. Both the parties amicably settle the dispute over the claim of custody of minor child Thiumalai @ Vignesh as follows:

2. The respondent give away his claim for custody of the minor child Thiurmalai @ VIgnesh.

3.The appellants agrees to permit the respondent father to take the child with him from 10.00a.m. to 6.00p.m. on every Sundays.

4.The Venue for taking the child and dropping the child will be at 'Vinayagar Koil, Soorakuppam, Cuddalore District.

5. The appellant further accept to grant visitation rights to the father of the minor child Thirumalai @ Vignesh on (i) 3 days continuously during the quarterly School vacation.

(ii) 6 days continuously during the Half yearly School vacation(and) (iii) First 15 days continuously during the annual school vacation.

5. In terms of settlement arrived at between the parties which is recorded under the Mediation Agreement by the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras in its Report dated 07.10.2015, this Civil Miscellaneous Appeal is disposed of recording the said agreement. The Mediation Agreement and the report of the Mediation Centre shall form part of this judgment. Consequently, the connected miscellaneous

petition is closed. No costs.

*Herein enter Mediation report and Agreement -Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar smi To,

1. The Principal District Court, Cuddalore.

C.M.A.No.440 of 2015 aa05/11/2015