S.Nesamani v. M.L.Mathubala
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2024
CORAM:
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN AND THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN and C.M.P.(MD)No.15805 of 2023 S.Nesamani ...Appellant in both appeals /Vs./ M.L.Mathubala
...Respondent in both appeals
PRAYER in CMA(MD)No.1189 of 2023:- Appeal - filed under under Section 19(1) of the Family Courts Act, 1984, to call for the records pertaining to the fair and decreetal order passed by the learned Family Court Judge, Sivagangai in HMOP No.15 of 2022 dated 30.01.2022 and set aside the same.
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PRAYER in CMA(MD)No.1191 of 2023:- Appeal - filed under under Section 19(1) of the Family Courts Act, 1984, to call for the records pertaining to the fair and decreetal order passed by the learned Family Court Judge, Sivagangai in HMOP No.285 of 2021 dated 30.01.2022 and set aside the same and to dissolve the marriage, which was solemnized on 20.08.2014 between the appellant and the respondent. In both Appeals:- For Appellant : Mr.S.Balaji For Respondent : Mr.P.Kanagarajan COMMON JUDGMENT (Judgment of the Court was made by V.BHAVANI SUBBAROYAN, J.) The present appeals have been filed challenging the fair and decreetal orders passed by the learned Family Court Judge, Sivagangai in HMOP No.15 of 2022 and in HMOP No.285 of 2021 both dated 30.01.2022 with a direction to dissolve the marriage, which was solemnized on 20.08.2014 between the appellant and the respondent. 2/10
2. This Court, by order dated 24.11.2023 had directed the parties to appear before the Mediation and Conciliation Centre attached to this Bench for amicable settlement with consent of both parties.
3. Today, when the matter was taken up for hearing, it is seen that mediation report dated 10.01.2024 has been filed along with the settlement agreement entered into between the parties on 10.01.2024 signed by them and their respective counsel stating that the dispute between the parties has been settled and that both the parties agree to withdraw all the connected cases before this Court as well as any other Courts. The said settlement agreement is recorded, which is scanned hereunder:- 3/10
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The appellant and the respondent also appeared before this Court today and stated that they are going to live together for the welfare of their children.
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4. In view of the settlement arrived at between the parties, the Civil Miscellaneous Appeals are disposed of. The mediation report dated 10.01.2024 along with the settlement agreement entered into between the parties on 10.01.2024 signed by the parties and their respective counsel shall form part of this judgment and decree. The decree shall be drawn in terms of the settlement agreement filed before this Court. No costs. The Registry is directed to refund the Court fee, if any, since the matter is settled in mediation. Consequently, connected miscellaneous petition is closed.
(V.B.S.J.) & (K.K.R.K.J.) 05.03.2024 NCC :Yes/No Index :Yes/No Internet :Yes sm 8/10
TO:- 1.The Family Court Judge, Sivagangai.
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V.BHAVANI SUBBAROYAN, J.
and K.K. RAMAKRISHNAN, J.
sm Common Judgment made in Dated:
05.03.2024 10/10