Madras High Court
V.Niraja vs M.Rajarajan on 8 March, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.03.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
C.M.A(MD)NO.652 of 2020
V.Niraja :Appellant/Petitioner
.vs.
M.Rajarajan :Respondent/Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the
Family Courts Act,1984, calling for the entire records pertaining to
the fair and decretal order passed by the Family Court Judge,
Madurai in H.M.O.P.No.1063 of 2016, dated 27.12.2019 and to set
aside the same and to dissolve the marriage which was solemnized
on 12.06.2013 between the appellant and husband.
For Appellant :Mr.S.Balaji
For Respondent :Ms.N.Juliet Latha
JUDGMENT
*************
[Judgment of the Court was made by PUSHPA SATHYANARAYANA,J.]
This Civil Miscellaneous Appeal is arising out of the order
passed in H.M.O.P.No.1063 of 2016, dated 27.12.2019 filed by the
appellant, who is the wife, in which, a decree of divorce was sought
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and the same was dismissed.
2.Pending Civil Miscellaneous Appeal, at the instance of the
parties, the matter was referred to the Tamil Nadu Mediation and
Conciliation Centre attached to this Bench for exploring the
possibility of settlement between the parties and before mediation,
a settlement was arrived at between the parties and the same was
reduced into writing in the form of a Settlement Agreement, dated
02.03.2021, in which, both the parties as well as their respective
Counsels have signed, accepting the terms contained therein,
which reads as follows:
''5)The parties hereto confirm and declare that
they have voluntarily and of their own free will
arrived at this Setltement Agreement in the presence
of the Mediator/Conciliator.
6)The following settlement has been arrived at
between the parties hereto.
A.The appellant uncoditionally withdraw the
allegation of impotency.
B.The things ornaments and articles are
returned and got back by each others
C.Both are agreed to dissolution of marriage by
mutual consent.
7)By signing the Agreement, the parties hereto
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state that they have no further claims or demands
against each other with respect to C.M.A(MD)No.652
of 2020 and all disputes and differences in this
regard have been amicably settled by the parties
hereto through the process of
conciliation/mediation.''
3.From the above Settlement agreement , it appears that the
parties have no mutual claims against each other, as exchange of
articles have already been done. The appellant, who is the wife, has
unconditionally withdrawn all the allegations including that of
impotency made against the respondent/husband in the Original
Petition. The parties have also agreed to dissolve the marriage
between them by mutual consent.
4.In the light of the above Settlement Agreement arrived at
between the parties, the marriage solemnized between the
appellant and respondent on 12.06.2013 is dissolved by a decree of
divorce by mutual consent and the Civil Miscellaneous Appeal is
disposed of in the above terms. The Settlement Agreement shall
form part and parcel of the judgment and decree. No costs.
[P.S.N.,J.] & [S.K.,J.]
08.03.2021
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Index:Yes/No
Internet:Yes/No
vsn
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.
To
1.The Judge,
Family Court,
Madurai.
2.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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PUSHPA SATHYANARAYANA, J.
AND
S.KANNAMMAL, J.
vsn
JUDGEMENT MADE IN
C.M.A(MD)NO.652 of 2020
08.03.2021
http://www.judis.nic.in
