Savitha@ Velumani v. G.V. Govindaraju

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2018 CORAM :

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P. No.61 of 2015 and M.P.No.1 of 2015 Savitha @ Velumani .. Petitioner/Respondent Vs.

1. G.V.Govindaraju .. Respondent/Petitioner

2. The State of Tamil Nadu, rep. by its Principal Secretary, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

3. The State of Tamil Nadu, rep. by its Secretary, Social Welfare and Nutritious Meal Programme Department, Fort St. George, Chennai-600 009.

4. The State of Tamil Nadu, rep. by its Secretary, Health and Family Welfare Department, Fort St. George, Chennai-600 009.

5. The State of Tamil Nadu, rep. by its Secretary, Higher Education Department, Fort St. George, Chennai-600 009.

6. The State of Tamil Nadu, rep. by its Secretary, School Education Department, Fort St. George, Chennai-600 009.

7. The Tamil Nadu State Marketing Corporation Ltd., rep. by the Managing Director, CMDA Tower-II, VI Floor, Gandhi Irwin Bridge Road, Egmore, Chennai-600 008.

.. Respondents 2 to 7 (RR2 to 7 impleaded as per order dated 17.02.2015 made in M.P.No.2 of 2015) Prayer:- The Petition is filed under Section 24 of the Code of Civil Procedure praying to withdraw the petition in H.M.O.P.No.208 of 2014 on the file of the Subordinate Judge, Tirupur, and transfer the same to the file of the Sub-Court, Pollachi, Coimbatore District.

For Petitioner :Mr.C.Veeraraghavan For Respondents :Mr.S.Kaithamalaikumaran for R 1 No appearance for RR 2 to 7

O R D E R

This Transfer Civil Miscellaneous Petition is filed by the wife in the matrimonial proceedings seeking to withdraw H.M.O.P.No.208 of 2014, filed by the respondent/husband under Section 13(1)(1a)(1b) of the Hindu Marriage Act, pending on the file of the Subordinate Court, Tirupur, and to transfer the same to the file of the Subordinate Court, Pollachi.

2. When the instant petition was referred to the mediation, the parties have appeared before the mediation centre and entered into a memo of compromise, as per which, they have decided to reunite and withdraw their respective petitions. The terms of the memo of compromise dated 12.12.2017, signed by both the parties and their counsels, is recorded, which are as follows :

"MEMO OF COMPROMISE The petitioner and respondent humbly submit that the petitioner filed a Tr.C.M.P.No.61/2015 which has been posted for mediation. The matter was came up before mediation today (12.12.2017).

Both the petitioner and respondent agreed to reunion. Hence, Respondent-Husband agreed to withdraw the HMOP No.208/2014 filed by RespondentHusband and the petitioner also agreed the same and petitioner-wife filed a Divorce petition in HMOP No.87/2013 before Sub Judge, Pollachi,

which was withdrawn by her on 12.09.2014. Hence, there is no proceeding pending before any other forum against each other except the present petition filed by the husband. Both petitioner and respondent agreed to reunion with their own concern. Kindly accept the memo and record the same and pass further orders.

It is therefore prayed that this Hon'ble Court may be pleased to accept the memo and record the same pass further or other orders which may deem fit and proper and thus render justice."

3. In view of the memo of compromise dated 12.12.2017, entered into between the parties before the mediation, the Transfer Civil Miscellaneous Petition is disposed of, in terms of the above settlement. The memo of compromise forms part and parcel of this order. No costs. Consequently, connected miscellaneous petition is closed.

s/d- Assistant Registrar(CS VII) True Copy Sub-Assistant Registrar gg To The Subordinate Judge, Tirupur.

+1 CC to Mr.S. KatihamalaiKumaran, advocate sr 7567. +1 cC to Mr.C. Veeraraghavan, Advocate sr 7607. Tr.C.M.P. No.61 of 2015 and M.P.No.1 of 2015 SP(20/02/2018)