Dr U. Mani v. Dr. N. Agaliya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR. JUSTICE C.SARAVANAN C.M.A. No. 1608 of 2014 Dr.U.Mani ... Appellant / Petitioner Vs.

Dr.N.Agaliya ... Respondent / Respondent Prayer: Appeal filed under Section 19 of the Family Court Act, 1988 against the judgment and decree of the Principal Family Court, Chennai in O.P.No. 2887 of 2006, dated 22-01-2014. For Appellant : Mr.T.Sundaravadanam For Respondent : Ms.R.Radhapandian

JUDGMENT

(Delivered by M.M.Sundresh,J.) When the matter is taken up for hearing today, learned counsel appearing for the appellant submitted that the matter has been resolved between the parties before the Tamil Nadu Mediation and Conciliation Centre in Mediation File No.755 of 2018. We have also perused the records. There is also a Memorandum of Settlement signed by the parties on 18.04.2018 which is extracted hereunder:

"Memorandum of Settlement The Divorce O.P.No2887/2006 filed by the Appellant and it was dismissed, against which C.M.A.No.1608/2014, has been filed, the Hon'ble High Court refer for mediation. After mediation term in the Mediation Centre, the Appellant/Respondent have arrived at for Settlement on the following terms.

1.The Respondent/Wife agrees for granting for Divorce after deleting all the allegations against each other. Hence divorce may be granted between the parties.

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

2.The Appellant/Husband will take steps to sale the property (56 cents) in Virudhachalam, Cuddalore District which stands in the name of Respondent/Wife in Survey No.41/2B,41/3,41/5 in Poothambur village and give the sale proceeds (entire sale consideration) to the Respondent/Wife."

2. In view of the Memorandum of Settlement entered into between the parties, the appeal stands allowed and the order dated 22.01.2014 passed by the Family Court, Chennai in O.P.No.2887 of 2006 stands set aside. There shall be a decree of divorce in terms of the Memorandum of Settlement, referred above. . No costs. Consequently, connected M.P.No.1 of 2014 is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ssm To:

1) The Principal Judge Family Court, Chennai.

2) The Section Officer, VR Section, High Court, Madras.

+1 cc to M/s.R.Radhapandian, Advocate, S.R.No.15906 +1 cc to Mr.T.Sundaravadanam, Advocate, S.R.No.16258 C.M.A. No. 1608 of 2014 GJ(CO) SSM(22/05/2019) https://hcservices.ecourts.gov.in/hcservices/