Madras High CourtTR CMP/545/2016closed

M. Vinu, v. V. Malathy

2017-07-17Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2017 CORAM :

THE HONOURABLE MR. JUSTICE M. GOVINDARAJ Tr.C.M.P.No.545 of 2016 & C.M.P.Nos.14877 & 14878 of 2016 and Crl.O.P.No.23487 of 2016 & CRL.M.P.Nos.10995 & 10996 of 2016 M.Vinu ... Petitioner in both the petitions Vs.

V.Malathy ... Respondent in both the petitions PRAYER in TR.C.M.P.No.545 of 2016: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, 1908, to withdraw and transfer the case in H.M.O.P.No.1856 of 2014 pending on the file of Principal Family Court, Chennai to Family Court, Madurai. PRAYER in Crl.O.P.No.23487 of 2016: Criminal Original petition is filed under Section 407 of the Code of Criminal Procedure, to transfer the maintenance case in M.C.No.343 of 2015 on the file of Principal Family Court, Chennai to Family Court, Madurai. For Petitioner : Mr.T.V.Suresh Kumar For Respondent : Mr.J.Saravanavel * * * * *

COMMON ORDER The Transfer Civil Miscellaneous Petition has been filed by the husband, for transferring the H.M.O.P.No.1856 of 2014 from the file of Principal Family Court, Chennai to the file of Family Court, Madurai. The petitioner/husband has also filed a Crl.O.P.No.23487 of 2016, to transfer the maintenance case in M.C.No.343 of 2015 from the file of Principal Family Court, Chennai to Family Court at Madurai. 2.This Court has taken up the above said matters together by virtue of the order passed by the Hon'ble Chief Justice and conducted mediation between the parties. Consequent to the mediation, the parties arrived at a mutual settlement and filed a Memorandum of Compromise dated 05.04.2017. The signatures of the parties are duly attested by the learned counsel on record appeared on either side.

3.The learned counsel appeared for either side would submit that as agreed, both the parties have filed a petition for Divorce on mutual consent before the Principal Family Court, Chennai in H.M.O.P.No.1856 of 2014 and in compliance with the terms of compromise, the marriage between the petitioner and the respondent

was dissolved. The petitioner/husband has agreed to pay a sum of Rs.15,00,000/- (Rupees fifty lakhs only) to the respondent/wife as one time permanent alimony.

4.In view of the Memorandum of Compromise filed by the parties, the Transfer Civil Miscellaneous Petition as well as the Criminal Original Petition are closed. No costs. Consequently, connected Miscellaneous Petitions are closed. 17.07.2017 Speaking order/Non-speaking order Index: Yes/No Internet: Yes/No ah To 1.The Principal Family Judge, Principal Family Court, Chennai.

2.The Judge, Family Court, Madurai.

M.GOVINDARAJ, J.

ah Tr.C.M.P.No.545 of 2016 and Crl.O.P.No.23487 of 2016 17.07.2017