K. Sruthi v. R. Vijay

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2022

CORAM

THE HONOURABLE MRS.JUSTICE S.KANNAMMAL TR.C.M.P.NO.958 OF 2021 AND C.M.P.NO.21430 OF 2021 K.Sruthi

...Petitioner

Versus

R.Vijay

...Respondent

Transfer Civil Miscellaneous Petition is filed under Section 24 of the Code of Civil Procedure, to withdraw the H.M.O.P.No.287 of 2021 on the file of the Family Court, Tirunelveli and transfer the same to the file of Family Court at Coimbatore.

For Petitioner :

M/s.S.Viji For Respondent :

Mr.A.Piramanayagam

ORDER

When this matter is taken up for consideration, a memo dated 07.06.2022 has been filed on behalf of the respondent, stating that both the petitioner and respondent who were wife and husband have amicably resolved the dispute among themselves and prayed this Court to dispose of the matter in terms of the memo. 2.Both the petitioner as well as the respondent are present before the Court. The terms of the memo are as follows:- 1.Both the petitioner and respondent agree to file a Mutal consent Divorce petition before the Family Court, Tirunelveli. The respondent undertakes to withdraw the H.M.O.P.No.287 of 2021 pending on the file of the Family Court, Tirunelveli filed by the petitioner seeking for restitution of conjugal rights pending before the Family Court at Chennai. 2.Both the petitioner and respondent agree that the respondent undertakes to relinquish her right of maintenance and permanent alimony and hence she has no claim of any maintenance for the past, present or future or permanent alimony.

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3.Both the petitioner and respondent has agreed to return the articles and that will be exchanged on the date of filing the Mutual Divorce.

4.Both the petitioner and respondent agree that there are no further claims against each other at present or in future. The petitioner and respondent undertake not to interfere in each other's lives in any manner whatsoever.

5.Both the petitioner and respondent wants to settle the dispute amicably and they have decided to file petition for mutual divorce before the Family Court, Tirunelveli.

6.Both the petitioner and the respondent agreed to the file the mutual divorce petition before the Family Court, Tirunelveli as the petitioner/wife herein agreed with the terms to file the mutual petition without any alimony from the respondent/husband.

3.In view of the compromise arrived at by the parties this Transfer Civil Miscellaneous Petition is disposed of in terms of the memo, extracted above. The memo shall form part and parcel of the order. No costs. Consequently, connected Miscellaneous Petition is closed.

Encl.: Xerox copy of the Memo filed by the Respondent Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar gbi To 1.The Judge, The Family Court, Tirunelveli.

2.The Judge, The Family Court, Coimbatore.

+1cc to M/s.S.Viji, Advocate Sr.No.32763 +2ccs to M/s.A.Piramanayagam, Advocate Sr.No.34102 Tr.C.M.P.No.958 of 2021 GPL(CO) RVM(28/06/2022) https://hcservices.ecourts.gov.in/hcservices/