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Madras High CourtTR CMP/595/2016disposed of in memo of compromise

Agusta v. Vikram @ Antony

2016-12-23Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.12.2016

CORAM:

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA Tr.C.M.P.Nos.595 of 2016 and C.M.P.No.16244 of 2016 and Tr.C.M.P.No.271 of 2015 and M.P.No.1 of 2015 Agusta .. Petitioner in both Tr.C.M.Ps Vs.

Vikram @ Antony .. Respondent in both Tr.C.M.Ps Petitions filed under Section 24 of the Civil Proceedure Code praying to withdraw I.D.O.P.No.407 of 2014 and I.D.O.P.No.554 of 2013 on the file of the Family Court at Coimbatore and transfer the same to the Subordinate Court at Tuticorin.

For Petitioner : Mr.R.Rajesh Vivekananthan For Respondent : Mr.C.K.M.Appaji

O R D E R

The respondent-husband filed I.D.O.P.No.554 of 2013 on the file of the Family Court, Coimbatore for dissolution of marriage solemnized on 01.02.2013. The petitioner-wife also filed I.D.O.P.No.407 of 2014 for restitution of conjugal rights before the same Court.

2.

When the transfer petition was filed by the wife, the matter was referred to the Mediation and Conciliation Centre, High Court, Madras on 03.11.2016, wherein, an agreement was arrived at between the parties is as follows:- 1) The petitioner has no objection to allow the I.D.O.P.No.554 of 2013 on the file of Family Court at Coimbatore and for dissolution of the marriage solemnized on 01.02.2013 at St.John's Church, Arumuganeri, Madathuvilai, Tiruchendur Taluk, Tuticorin District and grant divorce.

2) The petitioner hereby withdrew the I.D.O.P.No.407 of 2014 on the file of Family Court at Coimbatore.

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3) The respondent has paid a sum of Rs.2,75,000/- (Rupees two lakhs and seventy five thousand only) to the petitioner by way of D.D.bearing No.150068 drawn on Canara Bank, Alandurai - 641 101 dated 14.11.2016 in favour of the petitioner towards dowry given and marriage expenses, maintenance, alimony. The petitioner acknowledges the receipt of the above sum as full and final settlement.

4) The petitioner and the respondent submit that they they have taken back their respective properties (it was decided to keep themselves the properties which they are now keeping with them) 5) Both the petitioner and the respondent submit that, neither of them shall seek any claim, right or share in each other's property at present or in future.

6) The petition and the respondent state that there are no further claim against each other and forego all maintenance, alimony.

3.

In view of the above Mediation Agreement, the Transfer Civil Miscellaneous Petitions are disposed of. It is open to the parties to proceed as per the Mediation Agreement. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar srn To

1. The Judge Family Court, Coimbatore

2. The Subordinate Judge, Tuticorin.

Tr.C.M.P.Nos.595 of 2016 and C.M.P.No.16244 of 2016 and Tr.C.M.P.No.271 of 2015 and M.P.No.1 of 2015 mg(co) ss(10/01/2017) https://hcservices.ecourts.gov.in/hcservices/