S.Senthamilsevli v. D.Buvanesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and CMP.No.2571 of 2018 S.Senthamilselvi .. Appellant

Versus

D.Bhuvanesh .. Respondent Prayer: This Civil Miscellaneous Appeal is filed under Section 19 of Family Court Act, against the fair and decretal order dated 25.07.2012 made in OP.No.211 of 2006 on the file of the III Additional Family Court, Chennai. For Appellant : Mr.S.Sadasharam For Respondent :

Mr.S.Prabakar

JUDGMENT

(Judgment of the Court was delivered by R. MAHADEVAN, J.) Today, when the matter is taken up for hearing, the appellant and the 1/5

respondent along with their respective learned counsel on record are present.

2. It is submitted by the learned counsel appearing on both sides that the matter has been amicable settled between the parties. They have filed a joint memo of compromise dated 02.02.2023 signed by the appellant and the respondent to that effect.

3. This Court perused the said Joint Memo of Compromise and also enquired the parties about the factum of compromise and the terms of the same, who have admitted the same.

4. For better understanding, the terms of the said Joint Memo of Compromise read as follows:

"(i) Both the parties mutually agree to have the articles belonging to each other exchanged between themselves and accordingly both the parties do hereby admit and acknowledge the exchange of articles.

(ii) Both the parties mutually agree to withdraw the allegations leveled against each other and accordingly withdraw the allegations leveled in the OP petition for divorce and counter statement in the O.P. for divorce. (iii) Both the parties mutually agree that the Civil 2/5

Miscellaneous Appeal may be disposed confirming the decree for divorce in terms of this compromise memo. (iv) Both the parties mutually declare that neither party shall be entitled to make any claim of any nature against each other in future.

(v) Both the parties mutually declare that all the claims between the parties against each other stand settled i terms of this compromise memo and there shall be no claim and counter claim against each other under any circumstances at any point of time either with regard to movable or immovable properties of each other except as mentioned hereunder, namely, Saradu with Mankalyam to be handed over by S.Senthamil Selvi to D.Bhuvanesh on 06.02.2023 and the bracelet shall be handed over to S.Senthamil Selvi by D.Bhuvanesh on 06.02.2023 before the mediator."

5.In view of the above, the Civil Miscellaneous Appeal stands disposed of, in terms of the memorandum of compromise arrived at between the parties. The joint memo of compromise dated 02.02.2023 filed by the parties shall form part of the decree. No costs. Consequently, connected miscellaneous petition is closed.

[R.M.D., J.] [J.S.N.P., J.] 08.03.2023 Index : Yes / No 3/5

av To The III Additional Family Court, Chennai.

R. MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

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