V.Priya v. S. Vedhakiri

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.7.2015

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN Tr.C.M.P.No.160 of 2015 and M.P.No.1 of 2015 V.Priya .. Petitioner vs.

S.Vedhakiri ... Respondent Petition filed to order to withdraw and transfer HMOP No.51/2014 on the file of Subordinate Judge at Cheyyar to Sub Judge, Thindivanam. For Petitioner :

Mr.S.Jayaseelan For Respondent : M/s.L.Poompavai

ORDER

This Transfer Petition has been filed to withdraw and transfer HMOP No.51/2014 on the file of Subordinate Judge at Cheyyar to Sub Judge, Thindivanam.

2. This Transfer Petition was referred for mediation to Tamil Nadu Mediation and Conciliation Centre, High Court, Madras.

3. A communication dated 30.06.2015 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its report dated 25.06.2015 has been received, wherein it is stated as follows:- "Both the parties and their counsels present. The parties have settled the matter as per the terms cited in the Mediation Agreement which is enclosed herewith. Hence the matter is sent back before the Hon'ble Court".

4. As the parties have arrived at a settlement in terms of the mediation agreement dated 25.06.2015, this petition is listed for passing of an order in terms of the agreement.

5. The Mediation agreement dated 25.06.2015, signed by the parties and their respective counsel reads as follows:- "a) The parties hereto shall further live and continue to live separate and apart from each other and neither of us shall have any right to

annoy or interfere with each other under any circumstances at any place in any manner.

b) Both the parties agreed to file mutual consent divorce petition before the court at Cheyyar.

c) The husband agrees to pay Rs.3,00,000/- (Rupees Three Lakhs only) to his wife, as full and final settlement.

d) The husband agrees to pay Rs.1,50,000/- (One Lakh and Fifty Thousand Only) at the time of filing of Mutual consent petition for Divorce. e) The balance Rs.1,50,000/- (One Lakh and Fifty Thousand Only) will be paid by the Husband immediately after taking evidence in Mutual Consent petition.

f) The wife agrees that she will never claim any maintenance or alimony in any form or manner from the husband for the past, Present, or in Future.

6. In terms of the settlement arrived at between the parties which is recorded under the agreement in terms of the report dated 25.06.2015 from the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this Transfer Petition is disposed of recording the terms of agreement. The terms of agreement and the report of the Mediation Centre shall form part of the order. Consequently, connected miscellaneous petition is closed.

7. Considering the efforts made by the Mediation Centre in settling the matter the petitioner has voluntarily agreed to pay a sum of Rs.10,000/- to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras. The said statement is recorded. (Mediation Agreement xerox copy of the enclosed) Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ga

To

1. The Subordinate Judge at Cheyyar.

2. The Sub Judge, Thindivanam

3. The Assistant Registrar, Tamil Nadu, Conciliation Medication and High Court, Madras. + 1 cc to Mr.S. Jayaseelan, Advocate Sr.33219 Tr.C.M.P.No.160 of 2015 SR(CO) EU 21.07.15