G.Keerthi v. A.Santhosh Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.09.2023

CORAM:

THE HONOURABLE MRS. JUSTICE V. BHAVANI SUBBAROYAN Tr.C.M.P. No. 802 of 2022 and CMP.No. 13773 of 2022 G. Keerthi .. Petitioner

Versus

A. Santhosh Kumar .. Respondent Transfer Civil Miscellaneous Petition filed under Section 24 of Civil Procedure Code, to withdraw the HMOP. No. 204 of 2022 from the file of the Family Court, Chengalpattu, and to transfer the same to the file of the Family Court, Chennai.

For Petitioner : Mr.G.RM.Palaniappan For Respondent : Mr.Jinosenan ----

ORDER

Pending the Transfer Civil Miscellaneous Petition, now the parties have amicably resolved the matrimonial disputes between them and have entered into Memo of Compromise, dated 21.09.2023 is produced before this Court which reads as follows:- (i) The respondent is paying a sum of 1/5

Rs.22,50,000/- [Rupees Twenty Two Lakhs Fifty Thousand Only] and 15 sovereign of gold (120 Grams) to the petitioner towards permanent alimoney and the petitioner shall not claim any amount on any account in future. The petitioner and the respondent do hereby agree tht they dod not/will not claim any maintenance/permanent alimoney against each other at any time in future.

(ii) The custody of the Minor Child by name S. Dashwin aged about 3 years will remain permanently only with the petitioner and the respondent had relinquished his visitation rights over the child and will not claim custody of the minor child in future.

(iii)The respondent has filed HMOP.No. 204 of 2022 on the file of the Family Court, Chengalpattu which is pending. The petitioner has also preferred a Maintenance Petition in MC.NO. 684 of 2022 on the file of the I Additional Family Court at Chennai. The petitioner as well as the respondent shall withdraw all the allegations raised in their respective cases an the petitioner herein shall withdraw the MC.No. 684 of 2022 on the file of the I Additional Family Court at Chennai and 2/5

the petitioner herein shall have no objection for allowing the petition for Divorce filed by the respondent herein in HMOP.No. 204 of 2022 pending on the file of Family Court at Chengalpattu after withdrawing all the allegations raised by him in the said petition. (iv)The petitioner and the respondent hereby agree that either of them do not have any claim or right or charge over properties held by the other and also their financial and bank accounts, if any acquired or to be acquired by either of them in the future.

(v)The petitioner agrees that she has received her entire diamond, gold and silver ornaments and other articles given at the time of marriage and personal belongings from the respondent and no movable items belonging to her remain with the respondent likewise the respondent had received all his belongings/movable properties from the petitioner and as such, there are no claims against each other with regard to movable items. (vi)There is no collusion between the parties in filing this Memo of Compromise and similarly there is no compulsion or fraud or undue influence etc., in filing this Memo of Compromise.

3/5

(vii)The parties hereto agree that this Memo of Compromise may be recorded and orders may be passed in the above petition.

2. Recording the terms of the Memo of Compromise dated 21.09.2023, the Transfer Civil Miscellaneous Petition is disposed of. The terms of the Memo of Compromise shall form part of the order. Consequently, connected Miscellaneous Petition is also closed. However, there shall be no order as to costs.

21.09.2023 Index:Yes/No Speaking order / Non speaking order MSM To

1. The Family Court, Chengalpattu.

2.The Family Court, Chennai.

4/5

V. BHAVANI SUBBAROYAN, J MSM Tr. C.M.P. No. 802 of 2022 21.09.2023 5/5