R.Venkatesan v. S.Sridevi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and C.M.P.(MD)No.7430 of 2024 R.Venkatesan ... Petitioner/Respondent vs.

S.Sridevi ... Respondent/Petitioner Prayer:- Transfer Civil Miscellaneous Petition filed under Sections 24 of C.P.C., to withdraw and transfer the above case in HMOP No.15 of 2024 from the District Court, Sivagangai and to transfer the same to the Family Court, Madurai for trial.

For Petitioner : Mr.K.M.Muthu For Respondent : Mr.T.Vadivelan

ORDER

The Transfer Civil Miscellaneous Petition is filed with a prayer to withdraw and transfer the case in HMOP No.15 of 2024 from the file of the District Court, Sivagangai to the file of the learned Family Court, Madurai.

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2.The matter was referred to mediation. In the presence of the mediator, both parties have settled their issues by agreeing to file a mutual consent petition and to withdraw the respective petitions. The mediated settlement agreement is also filed, which is duly signed by the parties. Both sides learned counsel agreed that such a settlement is arrived at before the mediation centre.

3.In view thereof, the Transfer Civil Miscellaneous Petition is disposed of by recording the terms of settlement and the terms of settlement shall form part of the order. No costs. Consequently, connected miscellaneous petition is closed.

4.Needless to mention that as and when such an application for mutual consent is filed, the trial Court will take into account that already the parties were in dispute and only after settlement in mediation the petition under Section 13B be filed and the same will be appropriately considered as and when waiver application is filed. 31.07.2024 NCC : Yes / No 2/4

sji To 1.The District Court, Sivagangai.

2.The Family Court, Madurai.

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D.BHARATHA CHAKRAVARTHY, J.

sji and C.M.P.(MD)No.7430 of 2024 31.07.2024 4/4