Vijayalakshmi v. Baskaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2015

CORAM

THE HON'BLE MR.JUSTICE B.RAJENDRAN TR.CMP.No.232 of 2014 and M.P.No.1 of 2014 Vijayalakshmi .. Petitioner/Respondent vs Baskaran .. Respondent/Petitioner Prayer: Petition filed under Section 24 of CPC to withdraw the HMOP No.102 of 2013 on the file of the learned Principal Subordinate Judge No.II, Villupuram and transfer the same to the file of the learned Subordinate Judge, Poonamallee, Tiruvallur District. For Petitioner : Mr.G.Vinodhkumar For Respondent : Mr.K.Ramanamoorthy

ORDER

The above petition has been filed to withdraw the HMOP No.102 of 2013 on the file of the learned Principal Subordinate Judge No.II, Villupuram and transfer the same to the file of the learned Subordinate Judge, Poonamallee, Tiruvallur District.

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 05.09.2014.

3. A communication, dated 04.08.2015 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its Mediation Report, dated 03.08.2015, has been received, and in the said Mediation Report, it is stated as follows:- " Both parties appeared before the Centre along with their counsel. Parties arrived at an amicable settlement as per the terms in the Mediation Agreement enclosed herewith. Hence the matter is sent back to the Hon'ble Court."

4. As the parties have arrived at a settlement in terms of the Mediation Agreement dated 03.08.2015, this petition is listed for passing orders in terms of the said Mediation Agreement.

5. The Mediation Agreement, dated 03.08.2015 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 the petitioner and respondent agreed for reunion and settle the issues amicably between themselves before the Mediation Centre.

2. The petitioner hereby undertakes to withdraw the TR.CMP.No.232 of 2014 pending before the Hon'ble High Court, Chennai and also withdraws HMOP No.36 of 2014 pending before the Hon'ble Sub Court, Poonamallee and the respondent agreed to withdraw HMOP No.102 of 2013 pending before the Sub Court No.II, Villupuram.

3. Both the petitioner and respondent agreed to withdraw the allegations and averments made in all the referred case against each other in the above cases.

4. The respondent undertakes that he never would insist the petitioner to sell her flat which is situated at Chennai and would also provide financial help to the petitioner for monthly basis to run the family needs and education and other basis expenses.

5. The respondent also hereby undertakes that he would never compel/force the petitioner to shift her job to Bangalore.

6. The respondent further undertakes that at the earliest he would shift his job to Chennai and jointly live together at Chennai."

6. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 03.08.2015 in terms of the Mediation Report, dated 03.08.2015 before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this petition is disposed of, recording the terms of the Mediation Agreement, dated 03.08.2015. The terms of the Mediation Agreement and the Mediation Report, dated 03.08.2015 of the Mediation Centre shall form part of this order. Consequently, the connected miscellaneous petition is closed.

Sd/- Asst.Registrar(CSV) /true copy/ Sub Asst. Registrar

To

1. The Principal Subordinate Judge No.II, Villupuram

2. The Subordinate Judge, Poonamallee, Tiruvallur District. 3.The Assistant Registrar, Tamilnadu Mediation & Conciliation Centre, High Court, Campus Madras-104 TR CMP.No.232 of 2014 aa01/09/2015