Madras High CourtTR CMP(MD)/3/2019closed

Mala v. J.Rajaguru

2020-01-09Honourable Mr Justice R. Subramanian2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Tr.C.M.P.(MD)No.3 of 2019 and C.M.P.(MD)No.22 of 2019 Mala ... Petitioner / Respondent Vs.

J.Rajaguru ... Respondent / Petitioner PRAYER: This Petition is filed under Section 24 of Civil Procedure Code, to withdraw HMOP.No.314 2018 on the file of the Sub Court at Kancheepuram and to transfer the same to the Sub Court, Srivilliputhur.

For Petitioner :

Mr.M.Sheik Abdullah For Respondent :

Mr.S.Namasivayam

O R D E R

The transfer petition is referred to mediation at the request of the parties as well as the counsels. Upon mediation, the parties have agreed on a compromise formula. The mediation report has been filed showing that the parties have reached the settlement. The settlement is recorded and the Transfer Civil Miscellaneous Petition is therefore, closed.

2.It is seen from the terms of the settlement that the parties had agreed to go for divorce by mutual consent. The learned counsel appearing for the parties would make a request that the period of six months contemplated under Section 13-B of the Hindu Marriage Act, 1955, may be waived. The question of waiver is to be considered by the concerned Court before which the petition under Section 13-B of the Act, is filed. However, in view of the fact that the parties have arrived at a conclusion at mediation, I would only require the Court before which Section 13-B petition is filed to consider the prayer for waiver favourably.

No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

rj2 To 1.The Sub Judge, Kancheepuram.

+1 CC to M/s.R.NARAYANAN, Advocate ( SR-1399[F] dated 10/01/2020 ) +1 CC to M/s.M.SHEIK ABDULLAH, Advocate ( SR-1447[F] dated 10/01/2020 ) Tr.C.M.P.(MD)No.3 of 2019 and C.M.P.(MD)No.22 of 2019 09.01.2020 SCR(CO) TR(10.01.2020)2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2