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Madras High CourtTR CMP/1175/2023allowed

M.Prabavathi v. S.Sivakumar

2025-09-13Honourable Mr.Justice P.B. Balaji5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of September, 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.B.BALAJI and Members Mr.A.Manivasakan, District Judge (Retd) Mrs.V.Ambika, Advocate Tr.CMP.No.1175 of 2023 and CMP.No.28144 of 2023 Transfer Civil Miscellaneous Petition has been filed to withdraw the HMOP.No.152 of 2023 on the file of the Family Court, Thiruvallur, and to transfer the same to the file of the Sub Court, Madhuranthakam, Chengalpattu District.

M.Prabavathi

...Petitioner

Vs.

S.Sivakumar

...Respondent

This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.S.Vellidoss, learned counsel for petitioner is present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT The petitioner/wife seeks transfer of HMOP.No.152 of 2023 on the file of the Family Court, Thiruvallur to the file of the Sub Court, Madhuranthakam, Chengalpattu District.

2. The petitioner/wife as well as the respondent/husband are present.

3. We tried to mediate and settle the matter between the spouses. The daughters of the petitioner and the respondent are also present today.

4. After deliberation, the respondent/husband has agreed for transfer of the HMOP.No.152 of 2023 filed by him pending before the Family Court, Thiruvallur to the file of the Sub Court, Madhuranthakam, Chengalpattu District.

5. In view of the agreement reached with regard to transfer, HMOP.No.152 of 2023 is withdrawn from the file of the Family Court,

Thiruvallur, and transferred to the file of the Sub Court, Madhuranthakam, Chengalpattu District. It is made clear that the transferee Court, namely, the Sub Court Madhuranthakam, Chengalpattu District, shall not insist on the physical presence of the respondent/husband on all hearing dates, except when it would be absolutely necessary for recording evidence of the respondent/husband during trial in HMOP.No.152 of 2023. It is seen that the transfer civil miscellaneous petition has been filed at the stage of cross-examination of PW1, even in December, 2023.

6. In view of the above, we request the Sub Court, Madhuranthakam, Chengalpattu District, to expedite the trial and dispose of HMOP.No.152 of 2023 by end of March, 2026.

7. In the light of the above, the transfer civil miscellaneous petition is allowed. No costs. The connected miscellaneous petition is closed, if any.

M.Prabavathi Counsel for the Petitioner S.Sivakumar

This Lok Adalat award is passed in terms of the above settlement. The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

Judge Member Member To:

The parties/Advocate concerned Copy to:

1.The Family Court, Thiruvallur, 2.The Sub Court, Madhuranthakam, Chengalpattu District. 3.The Secretary, High Court Legal Services Committee, Chennai. 4.The Section Officer, V.R.Section, High Court, Madras. 5.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies ata/cda

P.B.BALAJI., ata/cda Tr.CMP.No.1175 of 2023 13.09.2025