S.Thanga Priya v. N.Senthil Rajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2015

CORAM

THE HON'BLE MR.JUSTICE B.RAJENDRAN TR.CMP.No.417 of 2015 and M.P.No.1 of 2015 S.Thanga Priya ... Petitioner/Respondent vs N.Senthil Rajan ... Respondent/Petitioner Prayer: Petition filed under Section 24 of CPC to withdraw the petition in HMOP No.183 of 2013 pending on the file of the Principal Subordinate Judge, Tiruchirappalli and to transfer the same to the file of Sub Court, Ooty, The Nilgiris District. For Petitioner : Mr.C.Veeraraghavan For Respondent : Mr.P.V.Kamaraj

ORDER

The above petition has been filed to withdraw the petition in HMOP No.183 of 2013 pending on the file of the learned Principal Subordinate Judge, Tiruchirappalli and to transfer the same to the file of Sub Court, Ooty, The Nilgiris 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 14.07.2015.

3. A communication, dated 10.08.2015 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its Mediation Report, dated 05.08.2015, has been received, and in the said Mediation Report, it is stated as follows:- " Both the parties appeared before the Centre along with their counsel. Matter has been settled between them as per the terms cited

in the Mediation Agreement enclosed. 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 05.08.2015, this petition is listed for passing orders in terms of the said Mediation Agreement.

5. The Mediation Agreement, dated 05.08.2015 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. The respondent agreed to pay a sum of Rs.5,50,000/- [Rupees five lakhs and fifty thousand only] towards full and final settlement to the petitioner and the petitioner agreed for the same.

2. Respondent paid a sum of Rs.3,00,000/- [Rupees three lakhs only] to the petitioner and the child by way of cash on 28.05.2015 and the petitioner acknowledges the receipt of the same.

3. Today, the respondent has paid a sum of Rs.2,50,000/- [Rupees two lakhs and fifty thousand only] by way of cash to the petitioner and the petitioner acknowledges the receipt of the same.

4. The petitioner agrees to withdraw the petition in HMOP No.183 of 2013, pending on the file of the Sub Court, Trichy, and the parties agree for a Divorce.

5. Both parties agree that they have no further claim against each other."

6. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 05.08.2015 in terms of the Mediation Report, dated 05.08.2015 before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this petition is disposed of, recording the terms of the Mediation Agreement, dated 05.08.2015. The terms of the Mediation Agreement and the Mediation Report, dated 05.08.2015 of the Mediation Centre shall form part of this order. Consequently, the connected miscellaneous petition is closed.

7. In view of the settlement arrived at between the parties, as a token of appreciation, the petitioner and the respondent volunteered to pay a sum of Rs.5,000/- [Rupees five thousand only]

each to the Mediation and Conciliation Centre, High Court, Madras and the same shall be paid within a period of four weeks from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vj2 To

1. The Principal Subordinate Judge, Tiruchirappalli

2. The Assistant Registrar, TamilNadu Mediation and Conciliation Centre, High Court, Madras.

TR CMP.No.417 of 2015 GR(CO) CA(02/09/2015)