Kalpana v. B.Suriyaprakash

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2023

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN and C.M.P.No.12885 of 2023 Kalpana ... Petitioner Vs.

B.Suryaprakash ... Respondent Petition filed under Section 24 of the Code of Civil Procedure praying to withdraw HMOP.No.50 of 2023 pending on the file of the learned Subordinate Judge, Poonamallee and the same may be transferred to the learned Subordinate Judge, Tirupathur.

For Petitioner : Mr.B.Abdul Samath For Respondent : Mr.D.Veersekaran 1/4

O R D E R

When the matter was taken up for hearing, the learned counsel on either side would submit that the matter has been settled between the parties before the Mediation Centre and they have entered into a Compromise. Pursuant to the same, they have filed a Joint Memorandum of Compromise., dated 17.11.2023 which has been duly signed by both the parties and their respective counsel. The said Joint Memorandum of Compromise, dated 17.11.2023 is extracted hereunder:

"The respondent is the husband and the petitioner is the wife. The respondent filed H.M.O.P.No.50 of 2023 against his wife/petitioner for restitution of conjugal rights before the learned Subordinate Judge, Poonamallee and the same is pending. On the other hand, the petitioner/wife filed the Tr.C.M.P.No.547 of 2023 before this Hon'ble Court for transfer of HMOP No.50 of 2023 from the Subordinate Judge, Poonamallee, to the Subordinate Judge, Tirupathur. (2)The petitioner and the respondent jointly submit that both the parties are agreed to live together in the 2/4

respondent/husband's house at Chennai with their two Children. The husband and wife undertakes that they are willing to lead their marital life happily along with children quieting this issue.

(3)The respondent undertakes that as per the agreement arrived with his wife, he agreed to withdraw the H.M.O.P.No.50 of 2023 on the file of the Sub Ordinate Court, Poonamallee."

2.In view of the submissions made by the learned counsel on either side and recording the Joint Memorandum of Compromise, this petition is closed and the said Joint Memorandum of Compromise shall form part of the order. Consequently, connected Miscellaneous Petition is closed. No costs.

23.11.2023 Index :Yes/No Speaking order :Yes/No :Yes/No mps 3/4

V.BHAVANI SUBBAROYAN, J, mps To 1.The Subordinate Judge, Poonamallee.

2.The Subordinate Judge, Tirupathur.

and C.M.P.No.12885 of 2023 23.11.2023 4/4