G. Nishanthi v. B. Balaji

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2025

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU and THE HONOURABLE MR. JUSTICE R.SAKTHIVEL C.M.A.Nos.1088, 1116 & 1251 of 2023 and C.M.P.Nos.12259, 10437, 10806 & 18394 of 2023 G.Nishanthi ...Appellant in all appeals Vs.

B.Balaji ... Respondent in all appeals PRAYER in C.M.A.No.1088 of 2023: Civil Miscellaneous Appeal is filed under Section 19 of Family Courts Act, 1984, to set aside the Judgment and Decree passed in O.P.No.1985 of 2019 dated 05.11.2022 on the file of the Principal Family Court at Chennai, by allowing this Appeal.

PRAYER in C.M.A.No.1116 of 2023: Civil Miscellaneous Appeal is filed under Section 19 of Family Courts Act, 1984, against the Judgment and Decree passed in I.A.No.4 of 2022 in O.P.No.982 of 2019 dated 05.11.2022 on the file of the Principal Family Court at Chennai. PRAYER in C.M.A.No.1251 of 2023: Civil Miscellaneous Appeal is filed under Section 19 of Family Courts Act, 1984, to set aside the Page 1/6

Judgment and Decree passed in O.P.No.982 of 2019 dated 05.11.2022 on the file of the Principal Family Court at Chennai by allowing this Appeal. In all cases:

For Appellant : Mr.V.Vargees Amal Raja For Respondent : Ms.Parimala & Mr.Bhoopathy Rajan - - - - - C O M M O N J U D G M E N T (Judgment of the Court was delivered by J. Nisha Banu, J) By consent of both the parties, this Court, by order dated 13.11.2024, had referred the matter to the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, for amicable settlement,

2. Pursuant to the negotiations, the parties have arrived at mutual agreeable settlement and a report was sent by the Tamil Nadu Mediation and Conciliation Centre in Mediation Case No.1169/2024 dated 13.02.2025, attaching a Compromise memo, dated 13.02.2025. The following settlements have been arrived at between the parties:- " .....

(8) It is submitted that C.M.A. Nos: 1088, 1116 and 1251 of 2023 were referred to mediation by the Hon'ble Page 2/6

High Court of Madras vide order dated 25.11.2024. The appellant and the respondent have with the assistance of the Mediators/Conciliator have arrived at an amicable compromise/settlement during the mediation proceedings on the following terms:

(a) The appellant and the respondent have agreed that Ms.Revathi G.Mohan and Mr.S.Azhagam Perumal would act as their Mediator/Conciliator.

(b) The respondent paid a sum of Rs.10,00,000/- (Rupees Ten lakhs only) vide D.D.No. 614924 dated 12.02.2025 drawn on State Bank of India, Chengalpattu Branch for a sum of Rs. 10,00,000/- (Rupees Ten lakhs only) and the same was received by the appellant.

(c) Both the parties agrees that they have exchanged their articles presented at the time of their marriage. (d) The appellant undertakes to withdraw the DVC No.64 of 2019 along with all the Interim Applications filed in the DVC No. 64 of 2019 which is pending before the learned Additional Mahila Court, Egmore.

(e) The pending C.M.A. Nos: 1088, 1116 and 1251of 2023, shall be disposed of recording this compromise/settlement memo.

(f) The appellant/wife agrees to accept the decree of divorce granted in HMOP.No.982 of 2019 order passed by the learned Principal Family Court, Chennai dated on Page 3/6

05.11.2022.

(g) By signing this Compromise/Settlement memo, the appellant and the respondent hereto state and agrees that they have no further claims or demands in the future against each other with respect to the matrimonial issues and shall not interfere in each other's affairs.

(h) Both the Appellant and the respondent herein mutually agree and accept the above terms. This memo of compromise/settlement has been entered into and signed voluntarily and without any coercion or under influence."

3. Recording the Compromise memo entered between the parties before the Mediation Centre, dated 13.02.2025, this Civil Miscellaneous Appeal is closed. The Settlement Agreement shall form part of this judgment. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

(J.N.B, J.) (R.S.V., J.) 19.02.2025 sts To Page 4/6

The Principal District Judge, Family Court, Chennai.

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