S. Manthra v. S.Sridharan

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 14th day of October 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr Justice P.B. BALAJI and Members District Judge(Retired) MR.V.R.POOBALAN , Advocate MRS.M.KRISHNA VENI TR CMP(MD) No.171 of 2023 (Appeal against the judgment and decree passed on in HMOP.91/2022 on the file of the SUB COURT, TIRUCHENDUR) S. MANTHRA D/o.Shanmuga Sundram, Door No.44, North Avani Moola Street, Backside of Krishnan Temple, Karuveppillaikara Street, Madurai - 625 001.

...Appellant/s

Versus

S.SRIDHARAN S/o.Sankara Subramania Pattar, Door No.105/39, Melaratha Veethi, Nearby Sermaraj Hospital, Thiruchentoor, Tuticorin District. Permanent residing at Door No.3, Sivan Vadakkuratha Road, Palayamkottai, Tirunelveli.

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s K.KUBENDRAN and the counsel for the respondent/s C.RAJESH KANNAN are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement. AWARD This transfer civil miscellaneous petition is at the instance of the wife to transfer HMOP No.91 of 2022 from the file of the Sub Court, Thiruchenthoor to the file of the Family Court, Madurai. HMOP No.91 of 2022 has been filed by the husband seeking restitution of conjugal rights. Today, the petitioner as well as the respondent are present and their respective counsels. The petitioner wife is willing to join the respondent husband.

After several negotiations, they have agreed that they will file necessary 13 B application seeking for mutual consent divorce before the appropriate competent Court. However, it has been agreed between the petitioner and the respondent that the respondent husband shall pay a sum of Rs.2,00,000/- and shall also not insist on return of any jewelry from the respondent wife. These terms shall be recorded in the consent divorce petition before the competent civil Court. https://www.mhc.tn.gov.

2. In view of the above terms, the parties also agree that HMOP NO.91 of 2022 can be transferred to the file of the Family Court, Madurai to enable the parties to work out further process in terms of the settlement reached today.

3. This Transfer Civil Miscellaneous Petition is allowed and HMOP No.91 of 2022 is withdrawn from the file of the Sub Court,Thiruchenthoor, and transferred to the file of the Family Court, Madurai. S. MANTHRA D/o.Shanmuga Sundram, Door No.44, North Avani Moola Street, Backside of Krishnan Temple, Karuveppillaikara Street, Madurai - 625 001.

Counsel for the Appellant/s S.SRIDHARAN S/o.Sankara Subramania Pattar, Door No.105/39, Melaratha Veethi, Nearby Sermaraj Hospital, Thiruchentoor, Tuticorin District. Permanent residing at Door No.3, Sivan Vadakkuratha Road, Palayamkottai, Tirunelveli.

Counsel for the Respondent/s 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 Tamilnadu 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. The Original of the award shall be place in the court record and copy of the award, kept with High Court Legal Services Committee and one copy each is furnished to both parties free of cost. In agreement of the above, both parties and their counsel have affixed their signatures/ thumb impressions in presence of the Lok Adalat Bench admitting the terms and today conditions and accordingly, the award is passed.

JUDGE MEMBER MEMBER To: The Parties/Advocate concerned Copy To

1. SUB COURT, TIRUCHENDUR.

2. The Officer-in-Charge, High Court Legal Services Committee, Madurai.

3. The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai. Typed By SM/VSM/MR PA To The Hon'ble Judges https://www.mhc.tn.gov.in/judis