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Madras High CourtTR CMP/680/2015dismissed as withdrawal

M.Sukanya,W/O.D.Madhusudhanan v. D.Madhusudhanan

2017-06-07Honourable Ms.Justice V.M.Velumani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2017 CORAM :

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Tr.C.M.P. No.680 of 2015 and M.P.No.1 of 2015 M.Sukanya ... Petitioner Vs.

D.Madhusudhanan ... Respondent Prayer:- Petition has been filed under Section 24 of C.P.C., praying to withdraw the H.M.O.P No.45/2015 pending on the file of Subordinate Judge of Neyveli and to transfer the same to the file of Subordinate Judge, Tambaram for further disposal. For Petitioner : Mr.S.Balasubramanian For Respondent : Mr.K.Jenitha

O R D E R

This petition has been filed to withdraw the H.M.O.P No.45/2015 pending on the file of Subordinate Judge of Neyveli and to transfer the same to the file of Subordinate Judge, Tambaram for further disposal.

2. The learned counsel for the petitioner submitted that both the petitioner and the respondent have entered into a compromise before the Mediation held at Tamil Nadu Mediation & Conciliation Centre attached to High Court, Madras and a mediation agreement dated 27.03.2017 has been entered into between the parties, duly signed and attested by the respective counsel.

3. The terms of the memo of compromise dated 27.03.2017 reads as under:

(i) The petitioner and the respondent have agreed to dissolve the marriage filing mutual consent Divorce application u/s.13(b) of the Hindu Marriage Act.

Accordingly, they filed the application today in the Chennai Family Court under SR No.3087/2017 dated 27.03.2017.

https://hcservices.ecourts.gov.in/hcservices/

(ii) As agreed by the parties, the respondent has this day paid a sum of Rs.2 lakhs to the petitioner as initial payment towards her payment of alimony by way of cheque dated 27.03.2017 drawn on SBI bearing No.159617.

(iii) The respondent agreed to pay the balance sum of Rs.6 lakhs to the petitioner on the date of taking evidence of the wife HMOP petition by way of online transfer.

(iv) The parties agree there are no other mutual claim against each other (v) The parties pray that the Tr.CMP may be closed.

4. In terms of the settlement arrived at between the parties which is recorded under the mediation report dated 27.03.2017, this Transfer Civil Miscellaneous Petition is dismissed. The memo of compromise shall form part of the order. No costs. rgr/av Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To The Subordinate Judge, Neyveli.

Tr.C.M.P. No.680 of 2015 NRI(CO) rvr 04/09/2017 https://hcservices.ecourts.gov.in/hcservices/