Sharathchandra G.D. v. T.S. Nirmala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE R.KALAIMATHI Civil Miscellaneous Appeal No.1765 of 2023 and CMP No.17311 of 2023 Sharathchandra G.D.

... Appellant Vs T.S.Nirmala ... Respondent Prayer: This Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, to set aside the order and decree dated 19.09.2022 passed in I.A. No.3350 of 2012 in H.M.O.P. No.2553 of 2012 on the file of the III Additional Principal Family Court, Chennai.

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For Appellant : Mr. Elayarajkumar M/s.Ramalingam and Associates For Respondent : Mr.V. Pushpa

J U D G M E N T

(Judgment of the Court was made by R.SUBRAMANIAN, J.) Challenge in the Appeal is to the order granting interim maintenance made in IA No.3350 of 2012 in HMOP No.2553 of 2012 on the file of III Additional Judge, Family Court, Chennai.

2. The matter was referred to mediation vide our order dated 03.08.2023. The Mediator has filed a report along with the Joint Memo of Compromise reached by the parties. The same has been signed by the parties as well as their respective counsel.

3. Pending this Appeal, the parties have settled and the parties have agreed for dissolution of the marriage. Considering the fact that the settlement has been arrived at the Mediation and the parties have entered 2/5

into Mediation agreement in HMOP No.2553 of 2012, which was dismissed for default on 29.01.2024 and HMOP 1176 of 2013 which was also dismissed for default on 29.01.2024 are restored to file and withdrawn to this Court.

4. In view of the said compromise arrived at, the Civil Miscellaneous Appeal is disposed of in terms of the above settlement. The Joint Memo of Compromise shall form part of the decree. HMOP No.1176 of 2013 will stand dismissed as settled out of Court and there will be a decree for divorce in HMOP No.2553 of 2012 without going into the material allegations made therein. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. (R.SUBRAMANIAN, J.) (R.KALAIMATHI, J.) 01.07.2024 jv Index: No Internet: Yes Non speaking order 3/5

To 1.The III Additional Principal Family Judge, Family Court, Chennai.

2.The Section Officer, VR Section, Madras High Court, Chennai.

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R.SUBRAMANIAN, J.

and R.KALAIMATHI, J.

jv Civil Miscellaneous Appeal No.1765 of 2023 and CMP No.17311 of 2023 01.07.2024 5/5