Madras High Court
Muruga Ganesan vs Subbulakshmi on 7 June, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 07.06.2021
CORAM :
The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM
AND
The Hon'ble Mrs.JUSTICE S.ANANTHI
CMA(MD).No. 319 of 2017
Muruga Ganesan : Petitioner/Petitioner
Vs.
Subbulakshmi : Respondent/Respondent
PRAYER: This Civil Miscellaneous Appeal is filed under Section 19 of
Family Court Act, to set aside the Fair and Decreetal order, dated 01.03.2017
passed in H.M.O.P. No.52 of 2015 on the file of the Family Court,
Srivilliputhur and by allowing this Civil Miscellaneous Appeal.
For Petitioner : Mr.K. K. Samy
For respondents : Mr.M. Jothi Basu
JUDGMENT
Challenging the Fair and Decreetal order in H.M.O.P. No.52 of 2015
on the file of the Family Court, Srivilliputhur, filed by the appellant was
dismissed.
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2. During the pendency of this appeal, the petitioner and the respondent
appeared before the Mediation and Conciliation Centre, attached to this
Bench and entered into settlement agreement on 06.01.2021. The settlement
agreement is extracted hereunder:
“ This settlement agreement entered into
on 06.01.2021 between Muruga Ganesan and
Subbulakshmi.
1. Dispute and differences had arisen
between the parties hereto and CMA(MD)
No. 319 of 2017 was filed on 03.04.2017
before the Hon'ble Madurai Bench of
Madras High Court.
2. The matter was referred to
Mediation/Conciliation vide an order dated
23.112020 passed by Hon'ble Justice
NKKJ and BPJ.
3. The parties agreed that
Mrs.R.Meenakumari would act as their
Mediator/Conciliator.
4. Several meetings were held during the
process of mediation/conciliation from
08.12.2020 to 06.01.2021 and the parties
have with the assistance of the
Mediator/conciliator voluntarily arrived at
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an amicable solution resolving the above
mentioned disputes and differences.
5. The parties hereto confirm and declare that
they have voluntarily and of their own free
will arrived at this settlement agreement in
the presence of the mediator/conciliator.
6. The following settlement has been arrived
at between the parties hereto:
A. Pending CMA(MD) No. 319 of
2017, the Husband and Wife enters into
a settlement and agrees to dissolve their
marriage by mutual consent. It is
permissible and valid under Section
13-B of Hindu Marriage Act, 1955.
7. By signing this agreement the parties
hereto state that they have no further
claims or demands against each other with
respect to CMA(MD) No. 319 of 2017
(Case No.) and all disputes and differences
in this regard have been amicably settled
by the parties hereto through the process of
conciliation/mediation. ”
3. Today, the appellant as well as the respondent have appeared through
video conferencing and confirmed the terms of settlement. The settlement is
placed on record.
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4. Accordingly, this Civil Miscellaneous Appeal is allowed. The Fair
and Decreetal order, dated 01.03.2017 in H.M.O.P. No.52 of 2015 passed by
the learned Judge, Family Court, Srivilliputhur, is set aside and consequently,
the said petition is allowed and the decree of divorce is granted to the
appellant as prayed for. No Costs.
(T.S.S., J.) (S.A.I., J.)
07.06.2021
Index : Yes/No
Internet : Yes/No
ksa/rm
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.
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To
The Judge,
Family Court,
Srivilliputhur.
https://www.mhc.tn.gov.in/judis/
T.S. SIVAGNANAM, J.
and
S.ANANTHI, J.
ksa/rm
CMA(MD).No. 319 of 2017
07.06.2021
https://www.mhc.tn.gov.in/judis/
