Sylvester vs Arul Vijitha
2023 Latest Caselaw 10279 Mad

                                                                         C.M.A.(MD)No.955 of 2022

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED: 11.08.2023

                                                        CORAM:

                                  THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

                                             C.M.A.(MD)No.955 of 2022
                                                       and
                                             C.M.P.(MD)No.9431 of 2022


                    Sylvester                                                  ... Appellant/
                                                                                   Respondent/
                                                                                   Petitioner


                                                           Vs.



                    Arul Vijitha                                               ... Respondent/
                                                                                   Petitioner/
                                                                                   Respondent

                    Prayer : This Civil Miscellaneous Appeal filed under Section 55 of
                    Indian Divorce Act, 1969, to set aside fair and decreetal order dated
                    15.09.2022 passed by the I Additional District Judge, Tirunelveli, in
                    I.A.No.1 of 2022 in D.O.P.No.196 of 2021.


                                    For Appellant           : Mr.T.Lenin Kumar

                                    For Respondent          : Mr.G.Aravindan



https://www.mhc.tn.gov.in/judis
                                                                            C.M.A.(MD)No.955 of 2022




                                                      JUDGMENT

The Civil Miscellaneous Appeal is directed against the fair and

decreetal order dated 15.09.2022 passed by the I Additional District Judge,

Tirunelveli, in I.A.No.1 of 2022 in D.O.P.No.196 of 2021.

2. When the matter was taken up for hearing on 21.04.2023,

considering the submissions made on either side, this Court directed both

the parties to appear before the Mediation and Conciliation Centre

attached to this Bench on 24.05.2023. In pursuance of the same, both the

parties had appeared before the Mediation Centre from 24.05.2023 to

02.06.2023.

3. It is evident from the records that mediation report dated

05.06.2023 has been received along with settlement agreement entered

into between the parties and whereunder, it has been stated that the matter

was settled. The following settlement has been arrived at between the

parties:

“The petitioner agrees for providing visitation rights to respondent on every second Sunday from 10.00 a.m. to 05.00 p.m. at the common place in Tirunelveli District.”

https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.955 of 2022

4. When the matter is taken up for hearing today, the appellant, the

respondent and their minor child are present before this Court. The

appellant and the respondent have filed a Joint Compromise Memo dated

12.07.2023 before this Court, duly signed by all the parties along with

their respective counsel on record. On enquiry, before this Court, both

parties have accepted the compromise entered into between them and

filing of Joint Compromise Memo dated 12.07.2023. Hence, the Joint

Compromise Memo dated 12.07.2023 is recorded.

5. The learned counsel on either side represented that the Civil

Miscellaneous Appeal may be disposed of in terms of the Joint

Compromise Memo entered into between the parties.

6. Accordingly, this Civil Miscellaneous Appeal is disposed of in

terms of the Joint Compromise Memo dated 12.07.2023 and the Joint

Compromise Memo dated 12.07.2023 along with the settlement agreement

dated 02.06.2023 shall form part and parcel of this judgment. No costs.

Consequently, connected miscellaneous petition is closed.

11.08.2023 NCC :yes/No Index :yes/No Internet:yes/No csm https://www.mhc.tn.gov.in/judis C.M.A.(MD)No.955 of 2022

K.MURALI SHANKAR,J.

csm

C.M.A.(MD)No.955 of 2022 and C.M.P.(MD)No.9431 of 2022

Dated : 11.08.2023 https://www.mhc.tn.gov.in/judis