Madras High CourtCMA(MD)/509/2017disposed of

E.Fantin Irudaya Raj v. M.Jenila Vincent,

2021-03-18Honourable Mrs Justice Pushpa Sathyanarayana,Honourable Mrs Justice S.Kannammal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE S.KANNAMMAL C.M.A(MD)No.509 of 2017 and C.M.P(MD)No.1277 of 2018 E.Fantin Irudaya Raj ... Appellant/Petitioner Vs.

M.Jenila Vincent ... Respondent/Respondent Prayer: Civil Miscellaneous Appeal filed under Section 19(1) of the Family Courts Act, 1984 against the Judgment and decree, dated 14.03.2017 passed in I.D.O.P.No.25 of 2017 on the file of the Family Court, Tirunelveli.

For Appellant : Mr.R.T.Arivukumar for Mr.N.Ga.Natraj For Respondent : Mr.R.J.Karthick

JUDGMENT

(Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.) The Civil Miscellaneous Appeal is filed by the appellant/husband against the judgment and decree, dated 14.03.2017, made in I.D.O.P.No.25 of 2017 on the file of the Family Court, Tirunelveli.

2.Earlier, when the matter was referred before the Mediation and Conciliation Centre, a settlement agreement was entered into between the parties on 26.02.2021, which are reduced to writing, the terms of which are as follows:- "A. That the parties agreed for dissolution of marriage held on 10.02.2014, since the marriage was not consummated.

B. The appellant E.Fantin Irudaya Raj had handed over demand draft for Rs.10,00,000/- on 26.02.2021 drawn in favour of respondent M.Jenila Vincent by way of four demand drafts.

https://hcservices.ecourts.gov.in/hcservices/

1.Demand Draft No.708329 for Rs.3,00,000/- (UCO Bank) 2.Demand Draft No.766361 for Rs.2,50,000/- (Indian Bank) 3.Demand Draft No.766377 for Rs.2,50,000/- (Indian Bank) 4.Demand Draft No.976143 for Rs.2,00,000/- (Canara Bank)"

3.The settlement agreement, dated 26.02.2021, filed by the parties, counter-signed by their counsel, is taken on record. 4.Recording the same, the marriage between the appellant and the respondent which was solemnized on 10.02.2014 is dissolved by a decree of divorce by mutual consent.

5.In view of the same, the Civil Miscellaneous Appeal is disposed of in terms of the settlement agreement dated 26.02.2021 which shall form part and parcel of the judgment and decree. No costs.consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) ps Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

ENCL:COPY OF SETTLEMENT AGREEMENT To 1.The Judge, Family Court, Tirunelveli.

2.The V.R Section (Records), Madurai Bench of Madras High Court, Madurai.(2C) +1 CC to M/s.N.GA.NATRAJ, Advocate ( SR-12559[F] dated 19/03/2021 ) +1 CC to M/s.R.J.KARTHICK, Advocate ( SR-12592[F] dated 19/03/2021 ) C.M.A(MD)No.509 of 2017 18.03.2021 KK(25.05.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/