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Madras High CourtCRP/3400/2019dismissed as settled out of court

G.Anandraj v. K. Srivineetha

2022-11-23Honourable Mrs Justice J. Nisha Banu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.11.2022

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU and C.M.P.Nos.22323 & 22325 of 2019 G.Anandraj .... Petitioner vs 1.K.Srivineetha 2.M.Vijay (2nd respondent set exparte before the lower Court) .... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order passed in I.A.No.5144/2018 in O.P.No.2108/2018 dated 16.09.2019 on the file of V Additional Principal Judge, Family Court, Chennai.

For Petitioner : Mr.T.C.S.Raja Chockalingam For Respondents : Mr.A.V.Arun For R.1 No appearance - For R.2 1/6

O R D E R

The petitioner is the wife and the first respondent is husband. The civil revision petition has been filed by the husband against the order, allowing the application filed by the wife, seeking to return all the stridhana articles.

2. Today, when the matter is taken up, the learned counsel appearing for both sides submitted that the matter has been settled between the parties before the Mediation and Conciliation Centre attached to this Court. The parties have also filed a Settlement Agreement dated 14.11.2022 before the Tamil Nadu Mediation and Conciliation Centre of this Court. Therefore, the learned counsel appearing for both the parties would further submit that this Civil Revision Petition may be disposed of in terms of the settlement arrived at between the parties.

3.The Settlement Agreement dated 14.11.2022 was signed by the parties and duly attested by their respective counsel.

4. The terms and conditions of the Settlement Agreement dated 2/6

14.11.2022 entered into between the petitioner and the respondent before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, reads as follows:

" 1. Disputes and differences had arisen between the Parties hereto and filed the above CRP before Hon'ble High Court of Madras in the year 2019 (CRP No.3400/2019).

2. The matter was referred to mediation/conciliation vide an order dated 02.08.2022 passed by Mrs.Justice J.Nisha Banu.

3. The parties agreed that Mrs.Usha Mohan would act as their Mediator/Conciliator.

4. Several meetings were held during the process of Mediation/Conciliation from to and the parties have with the assistance of the Mediator / Conciliator voluntarily arrived at an amicable solution resolving the above mentioned disputes and differences.

5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this 3/6

Settlement Agreement in the presence of the Mediator/Conciliator.

6. The following settlement has been arrived at between the parties hereto.

A. The petitioner has paid Rs.5,00,000/- by 2 Demand Drafts drawn in favour of the respondent in SBI Bank dated 10.11.2022 and 11.11.2022 vide DD No.421754 and 548934 as one time settlement to the Respondent and the same was received by the respondent.

B. The petitioner and the Respondent has exchanged the gold ornaments received at the outset of marriage. C. The petitioner paid a sum of Rs.30,000/- in cash which was received at the outset of marriage, for expenses and the respondent receiving the same.

D. Both the parties agreed to give consent for mutual divorce.

7. By signing this Agreement the parties hereto state that they have no further claims or demands against each other with respect to Divorce case (Case No.2108/2018) 4/6

and Restitution of conjugal rights case (Case No.2111/2015) and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of conciliation/Mediation."

7. Considering the submissions made on either side and in view of the settlement agreement filed by the parties, the Civil Revision Petition stands disposed of in terms of the Settlement Agreement dated 14.11.2022 entered into between the parties. The said Settlement Agreement dated 14.11.2022 shall form part of the order. No costs. Consequently, connected miscellaneous petitions are closed.

23.11.2022 Index:Yes/No Speaking/Non-speaking order vsi To The V Additional Principal Judge, Family Court, Chennai.

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J.NISHA BANU,J.

Vsi 23.11.2022 6/6