Keerthika v. S.Sunilkanth@Vishal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2024

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI O.S.A.No. 145 of 2019 and C.M.P. Nos.12663 of 2019, 12664 of 2019 and 14129 of 2020 Keerthika .. Appellant Vs 1.S.Sunilkanth @ Vishal 2.The Inspector of Police, V-6 Kolathur Police Station, 3rd Street, Vasantham Nagar, Kumaran Nagar, Kolathur, Chennai - 82.

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Respondent Original Side Appeal filed under Order XXXVI Rule 9 of Original Side Rules r/w Clause 15 of Letters Patent against the order dated 24.04.2019 made in O.A.No.362 of 2019 in O.P. No.286 of 2019.

For Appellant : Mr.K.Anandharaja For Respondents : Mr.D.Ferdinand of M/s.BFS Legal for R1 1/14

JUDGMENT

(Judgment of the Court was delivered by M.Sundar, J.) Captioned 'Original Side Appeal' (hereinafter 'OSA' for the sake of brevity) and captioned three 'Civil Miscellaneous Petitions' (hereinafter 'CMPs' for the sake of brevity) thereat are listed today under the cause list caption 'FOR RECORDING COMPROMISE'.

2. Captioned OSA pertains to custody of a minor child S.Voiyomei, now ten years old (date of birth 17.12.2015). To be noted, ideally we would prefer to mask the name of the minor but in the light of appellant mother and respondent father having arrived at a settlement, reduced the terms of settlement to a 'Memorandum of Compromise dated 04.07.2024' (hereinafter 'said MoC' for the sake of convenience and clarity), appellant and respondent who are present in Court requesting for recording of said Moc to give a closure to the captioned matters, considering all exigencies, we refrain from masking the name of minor child for the sake of specificity as regards implementation qua public authorities, if the need arises.

3.

Reverting to the hearing today, 2/14

Ms.Keerthika/appellant/mother and Mr.S.Sunilkanth @ Vishal/respondent/father qua aforementioned minor child are present in Court together with their respective counsel. To be noted, Mr.K.Anandharaja, learned counsel on record for appellant and Mr.D.Ferdinand of M/s.BFS Legal (Law Firm) for R1 are before this Court.

4. The said MoC was placed before this Bench today. This Bench had independent interaction with the litigants i.e., appellant/mother and respondent/father. Both litigants submit that said MoC has been signed by them on their own volition i.e., out of free will without any coercion, after understanding all the contents of the said MoC, saying so, both litigants requested for a decree in terms of said MoC. They also confirmed their signatures in said MoC. A scanned reproduction of the said MoC is as follows: 3/14

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5. To be noted, the aforementioned MoC has been signed by both parties and their respective counsel. 11/14

6. Both the litigants i.e., appellant and respondent were married on 20.02.2013 and the marriage was duly dissolved vide another MoU dated 17.08.2020 recorded on 18.08.2020 by III Additional Judge, Family Court, Chennai, thereafter they have remarried and they have off-springs through their present marriages.

7. R2 being jurisdictional police officer, presence and signature of R2 in said MoC is not necessary and this common submission made by both sides is recorded.

8. In the light of the narrative thus far, captioned OSA i.e., O.S.A. No.145 of 2019 is disposed of in terms of said MoC which shall now form part of the decree. Consequently, captioned CMPs thereat are disposed of as closed. There shall be no order as to costs.

9. As the captioned OSA arises out of an interim order in a Original Petition i.e., O.P.No.286 of 2019, both counsel/parties submit that this consent compromise order/decree shall be filed/placed before GAWA Court (to be noted, 'GAWA' denotes 'The Guardians and Wards Act, 1890') for a suitable closure of 12/14

O.P.No.286 of 2019 and applications thereat. This submission is recorded.

(M.S.J.) (K.G.T.J.) 04.07.2024 Index:Yes/No mmi To 1.The Inspector of Police, V-6 Kolathur Police Station, 3rd Street, Vasantham Nagar, Kumaran Nagar, Kolathur, Chennai - 82.

2.The Sub Assistant Registrar, Original Side, High Court, Madras.

M.SUNDAR.J., and 13/14

K.GOVINDARAJAN THILAKAVADI, J., mmi O.S.A No.145 of 2019 04.07.2024 14/14