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Madras High CourtTR CMP/760/2017disposed of in memo of compromise

Kripa Sekaran v. M. Arunachalam

2018-01-12Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2018 CORAM :

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P. No.760 of 2017 and C.M.P.No.15495 of 2017 Kripa Sekaran ... Petitioner versus M. Arunachalam ... Respondent Prayer:- The Petition is filed under Section 24 of C.P.C. praying to withdraw and transfer H.M.O.P.No.388 of 2017, on the file of Family Court, Madurai to Sub Court, Tambaram or such other Court as deem fit to transfer.

For Petitioner :

Mr.V.Raghavachari For Respondent :

Mr.J.Bharathan

O R D E R

The Transfer Civil Miscellaneous Petition is filed by the petitioner/wife seeking transfer of H.M.O.P.No.388 of 2018, on the file of Family Court, Madurai to Sub Court, Tambaram.

2. After notice to the other side, the matter was referred to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras on 15.12.2017. Both the parties have appeared before the Mediation Centre along with their counsels and settled the matter between them as per the Joint Memorandum of Compromise dated 08.01.2018.

3. The learned counsel appearing for both sides represented that this said Joint Memorandum of Compromise filed by both the parties may be recorded. Accordingly, the Joint Memo of Compromise filed by the petitioner and respondent dated 08.01.2018 is recorded.

4. The terms of Memorandum of Compromise dated 08.01.2018 signed by the parties and their respective counsels, read as follows:

A) The petitioner and the respondent hereby agreed that the marriage solemnized between them on

01.06.2012 at Vijay Sri Mahal, Anna Nagar, Chennai stands dissolved.

B) The petitioner and the respondent hereby agreed that the registration of the marriage by the Marriage Registrar, Anna Nagar, Chennai on 29.06.2012 with Registration No.260 of 2012 under the Tamil Nadu Registration of Marriages Act, 2009 stands annulled.

C) The petitioner has received back the 85 sovereigns of gold jewels presented to her by her parents at the time of marriage from the respondent.

D) The petitioner had received back the TATA Indigo Manza Car bearing Registration No.TN 22 CF 5364 presented to her by her parents at the time of marriage.

E) The petitioner has received back all the seervarisai articles, household appliances, utensils, sarees and dress materials presented to her at the time of marriage.

F) The respondent has received back 9 sovereigns of gold jewels presented to the petitioner at the time of marriage.

G) The petitioner has received back 1 sovereign of gold jewel presented to the respondent at the time of marriage.

H) The respondent has received back the silk saree presented to the petitioner at the time of marriage.

I) The respondent has today paid a sum of Rs.14,00,000/- (Rupees Fourteen Lakhs only) through a demand draft dated 06.01.2018 drawn in favour of the petitioner drawn on State Bank of India, City Branch, Kamarajar Salai, Madurai bearing No.926817 towards full and final settlement of her claim towards marriage expenses and permanent alimony.

J) The petitioner does not have any other demand or claim from the respondent hereafter.

K) The respondent does not have any other demand or claim from the petitioner hereafter.

L) Both parties hereby agree that each of them will not interfere in the life of the other at any cost through any means hereafter.

M) Both parties hereby agree that each of them is at liberty to remarry.

N) Both parties hereby agree that a decree of divorce may be passed by this Honourable Court and the same may be recorded in H.M.O.P.No.388 of 2017 by the Family Court, Madurai.

5. The above said terms of compromise are recorded and the marriage solemnized between the petitioner and respondent on 01.06.2012 stands dissolved. As the memo of compromise had already been recorded by this Court, the appearance of the petitioner/wife is dispensed with before the Family Court, Madurai.

6. In view of the above Settlement arrived at between the parties, the Transfer Civil Miscellaneous Petition is disposed of in terms of the Memorandum of Compromise. The said Memorandum of Compromise shall form part of the said decree. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True copy// Sub Assistant Registrar rsi To

1. The Family Judge, Madurai.

+1cc to Mr.V.Raghavachari, Advocate SR.No.2819 +1cc to Mr.R.Narayanan, Advocate SR.No.2913 Tr.C.M.P. No.760 of 2017 and C.M.P.No.15495 of 2017 SSD(CO) GN(21/02/2018)