Madras High Court
B.Chellapandian vs M.Ashwini on 17 July, 2023
CMA.No.743 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU
AND
THE HON'BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.A.No.743 of 2023
B.Chellapandian ... Appellant
Vs.
M.Ashwini ...Respondent
Civil Miscellaneous Appeal filed under Section 19 of the Family Court
Act,1984, against the judgment and decree dated 26.08.2022 made in
H.M.O.P.No.3628/2018 on the file of III Additional Principal Family Court,
Chennai.
For Appellant : Mr.C.Kesan
For Respondent : Mr.G.Ravikumar
JUDGMENT
This CMA is filed by the appellant-husband as against the judgment
and decree dated 26.08.2022 made in H.M.O.P.No.3628/2018 whereby, the
appellant's prayer for dissolution of marriage was dismissed by the learned III
Additional Principal Family Court, Chennai.
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CMA.No.743 of 2023
2. On 27.06.2023, we directed both the parties to appear before the
Tamil Nadu Mediation and Conciliation Centre with respective counsel in
person on 28.06.2023 for mediation process.
3. Before the Mediation Centre, after mediation/conciliation, both
parties arrived at a settlement in the presence of Mediator/Conciliator and
settled the disputes and differences through the process of
conciliation/mediation On 11.07.2023, settlement was arrived and settlement
agreement was entered into between the parties. The terms of the settlement
agreement is extracted hereunder:-
“SETTLEMENT AGREEMENT
This settlement agreement entered into on 11.07.2023 between
B.Chellapandian (Male/Age - 36 years), Son of Late C.Balakrishnan,
Plot No.51, Flat No.C, Aaji Aster Apartment, TTK Nagar, 2nd Main
Road, Irumbuliyur, Tambaram, Chennai - 600 045, Kancheepuram
District.
And
M.Ashwini (Female/Age - 32 years), Wife of Chellapandian,
Daughter of Dr.M.Muthupandian, No.15/2, Thandavaraya Gramani
Street, Tondiarpet, Chennai - 600 081.
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CMA.No.743 of 2023
Whereas
1. Matrimonial disputes and differences had arisen between the
parties hereto and HMOP.No.3628 of 2018 was filed on 05.09.2018
before the Hon'ble Principal Family Judge at Chennai under section
13(1)(-a) of the Hindu Marriage Act, 1955 on the ground of cruelty
filed by the Appellant/Husband. On 26.08.2022, the above petition
was dismissed by the Hon'ble III Additional Principal Family Judge.
Thereafter, the Appellant/Husband preferred a Civil Miscellaneous
Appeal under section 19 of the Family Courts Act in CMA.No.743 of
2023 on the file of this Hon'ble Court, which is pending.
2. The matter was referred to mediation/conciliation vide an order
dated 27.06.2023 passed by this Hon'ble Court.
3. The parties agreed that Mrs.V.Malathy would act as their
Mediator/Conciliator.
4. Two meetings were held during the process of
Mediation/Conciliation from 27.06.2023 to 04.07.2023 and the
parties have with the assistance of the Mediator/Conciliator
voluntarily arrived at 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. The Appellant/Husband Chellapandian and Respondent/Wife
Ashwini agreed to dissolve their marriage solemnized between them
as per Hindu rites and customs on 01.05.2015 at Ramasamy Nadar
Thirumana Maligai, Thiruvottiyur Road, Tondiarpet, Chennai-81 by
Mutual Consent.
B. The Appellant/Husband agreed to pay a sum of Rs 25,00,000/-
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CMA.No.743 of 2023
Twenty Five Lakhs only) to the Respondent/wife towards the
permanent maintenance of Respondent/wife and her son Krishanth.C,
aged about 6 years living with the Respondent/Wife and the same
was accepted by the Respondent/Wife. The said amount of
Rs.25,00,000/- (Twenty Five Lakhs) will be paid by way of Demand
Draft in favour of the Respondent/Wife. The Respondent/Wife
agreed to receive this amount as full and final settlement and they
will have no further claims Moveables/Immoveables/Money in future
against each other. The demand drafts for Rs. 10,00,000/-(Ten Lakhs
Only) bearing number "607885" drawn at Indian Bank, Chennai and
Rs. 15,00,000/-(Fifteen Lakhs Only) bearing number "683398"
drawn at State Bank of India, Chennai shall be handed over to the
Respondent/Wife on execution of the Settlement Agreement before
this Hon'ble Court.
C. The Respondent/Wife has custody of minor son Krishanth C and
the same will be continued permanently without any disturbance by
the Appellant/Husband. Accordingly, the Respondent/Wife will
continue to have the permanent custody of the minor son Krishanth
which is agreed by the Appellant/Husband after dissolving their
marriage by mutual consent by this Hon'ble Court. The
Appellant/Husband shall not claim custody of child in the future.
D. The Respondent/Wife accepts that the return of articles has been
complete and no claim shall be made in the future regarding the
same.
E. The Settlement Agreement concludes all the relationship between
the Appellant/Husband and the Respondent/Wife. Both the parties
have agreed not to initiate any suit/complaint/petition at any point of
time. There shall be no binding of liabilities between both the parties,
and shall not claim any right over the estates, properties, moveables
or immovables of each other in the future either in existing or
properties purchased in the future. Both the parties shall not make
any claim or any nature of rights belonging to the past, present or
future.
7. By signing this agreement the parties hereto state that they have no
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CMA.No.743 of 2023
further claims or demands against each other with respect to
CMA.No.743 of 2023 on the file of this Hon'ble Court and all
disputes and differences in this regard have been amicably settled by
the parties hereto through the process of conciliation/mediation.”
4. In terms of the above settlement agreement, O.P.No.3628 of 2018 on
the file of III Additional Principal Family Court, Chennai, shall stand allowed,
dissolving the marriage between the appellant and the respondent dated
01.05.2015 solemnized at A.N.Ramasamy Nadar Thirumana Maligai,
Thiruvottriyur Road, Tondiarpet, Chennai-81.
5. The parties shall follow the terms of the settlement scrupulously. The
settlement agreement shall stand form part and parcel of the decree. The Civil
Miscellaneous Appeal is allowed on the above terms. No costs.
(J.N.B,J.) (D.B.C, J.)
Index : Yes / No 17.07.2023
Internet : Yes
nvsri
Note:Issue order copy on or before 20/07/2023.
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CMA.No.743 of 2023
J. NISHA BANU, J.
and
D.BHARATHA CHAKRAVARTHY,J.
nvsri
To
The III Additional Principal Family Court Judge, Chennai.
C.M.A.No.743 of 2023
17.07.2023
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