Mr.S.Stephen v. Mrs.Caroline Priya
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :25.01.2018
CORAM
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.No.247 of 2017 and CMP No.4433 of 2017 S.Stephen ... Petitioner Vs.
Mrs.Caroline Priya ... Respondent Prayer: Petition filed under Section 24 of the Civil Procedure Code praying to withdraw and transfer the proceedings in I.D.O.P No.34 of 2016 on the file of Fast Track, Mahalir Court, Thiruvanamalai and to the file of Principal Family Court, Chennai.
For Petitioner : Mr.S.Kingston Jeroldz For Respondent : Ms.Radhagopalan
O R D E R
It is seen from the records that the petitioner and the respondent have entered into an amicable settlement between them and filed a Joint Memorandum of Compromise dated 25.01.2018. The petitioner and the respondent have signed in the Memorandum of Compromise and counter-signed by their respective counsels.
2. The terms of Memorandum of Compromise are recorded, which are as follows:
1. The petitioner and the respondents are the husband and wife and the marriage between the petitioner and the respondent was solemnised on 18.01.2013 at Arcot Lutheran Church, Saron Village, Thiruvannamalai according to the Christian rites and customs and out of wedlock the respondent gave birth to a female child on 20.05.2015. Due to some difference of opinion the petitioner and the respondents are residing separately and the respondent herein filed a petition before the Fast Track Mahalir Court, Thiruvannamalai in I.D.O.P.No.34 of 2016 for restitution of conjugal rights. The petitioner herein filed a Tr.C.M.P.No.247 of 2017 before the Hon'ble High Court to transfer the proceedings pending before the Fast Track Mahalir Court, Thiruvannamalai to the Principal Family Court, Chennai.
2. The disputes between the petitioner and the respondent were resolved between them and they mutually agreed for reunion and start a new life by setting up an independent residence shortly.
3. The respondent herein undertakes to withdraw the I.D.O.P.No.34 of 2016 which is pending before the Fast Track Mahalir Court, Thiruvannamalai on 29.01.2018.
3. In view of the above settlement arrived between the parties, the Transfer Civil Miscellaneous Petition is closed and the said Joint Memorandum of Compromise is recorded As per the Joint Memorandum of Compromise, the respondent herein undertakes to withdraw the I.D.O.P.No.34 of 2016 pending on the file of Fast Track Mahalir Court, Thiruvannamalai on 29.01.2018. No costs.
Consequently, connected miscellaneous petition is closed. 4.
Post the matter for "Reporting Compliance" on 01.02.2018.
25.01.2018 rka To
1. Fast Track Mahalir Court, Thiruvannamalai
2. The Principal Family Court, Chennai.
PUSHPA SATHYANARAYANA.J, rka Tr.C.M.P.No.247 of 2017 and C.M.P.No.4433 of 2017 25.01.2018