Madras High CourtCMSA/19/2015settled in mediation

Mr.A.Senthil Kumar v. Mrs.P.Lavanya

2015-09-03Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2015

CORAM

THE HON'BLE MR.JUSTICE B.RAJENDRAN C.M.S.A.No.19 of 2015 A.Senthil Kumar ... Petitioner Vs P.Lavanya ... Respondent Prayer: Civil Miscellaneous Second Appeal filed under Section 28 of Hindu Marriage Act, 1955 r/w Section 100 of the Code of Civil Procedure against the judgment and decree dated 01.04.2015 passed by the learned Principal District Judge, Vellore in H.M.C.M.A.No.1 of 2012 in reversing the judgment and decree dated 12.01.2012 passed by the learned Subordinate Judge, Vellore in HMOP No.170 of 2009.

For Petitioner : Mr.T.Karunakaran For Respondent : Mr.V.Raja

JUDGMENT

The above Civil Miscellaneous Second Appeal has been filed against the judgment and decree dated 01.04.2015 passed by the learned Principal District Judge, Vellore in H.M.C.M.A.No.1 of 2012 in reversing the judgment and decree dated 12.01.2012 passed by the learned Subordinate Judge, Vellore in HMOP No.170 of 2009.

2. This petition was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, by the order of this Court, dated 03.07.2015.

3. A communication, dated 02.09.2015 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its Mediation Report, dated 14.08.2015, has been received, and in the said Mediation Report, it is stated as follows:- " Both the parties appeared before the Centre along with their counsel. Matter has been settled between them as per the terms cited in the Mediation Agreement enclosed. Hence, the matter is sent back to the Hon'ble Court."

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4. As the parties have arrived at a settlement in terms of the Mediation Agreement dated 14.08.2015, this petition is listed for passing orders in terms of the said Mediation Agreement.

5. The Mediation Agreement, dated 14.08.2015 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. Both parties agreed for divorce without any allegation against each other.

2. Both parties agree that they have no claim against each other."

6. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 14.08.2015 in terms of the Mediation Report, dated 14.08.2015 before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this Civil Miscellaneous Second Appeal is disposed of, recording the terms of the Mediation Agreement, dated 14.08.2015. The terms of the Mediation Agreement and the Mediation Report, dated 14.08.2015 of the Mediation Centre shall form part of this order. Xerox Copy of Mediation Agreement and Mediation Report is enclosed Herewith.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vj2 To

1. The Principal District Judge, Vellore

2. The Subordinate Judge, Vellore +1cc to Mr.S.V.Raja, Advocate, S.R.No.47553 +1cc to M/s.T.Karunakaran, Advocate, S.R.No.47842 C.M.S.A.No.19 of 2015 TEJ(CO) CA(22/09/2015) https://hcservices.ecourts.gov.in/hcservices/