Madras High Court
Yoganathan vs Mrs.Devapoorna on 1 September, 2023
CMA.No.1693 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.09.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU
AND
THE HON'BLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
C.M.A.No.1693 of 2021
Yoganathan ... Appellant
Vs.
1.Mrs.Devapoorna
2.Minor Gayathri Sri Varshitha
Rep. By her mother 1st respondent ...Respondents
Civil Miscellaneous Appeal filed under Section 19 of the Family Court
Act,1984, against the judgment and decree dated 19.01.2021 passed in
I.A.No.257 of 2018 in H.M.O.P.No.1358 of 2017 by the Additional Principal
Family Court, Coimbatore.
For Appellant : Mr.Mr.V.S.Rajaram
For Respondent : Mr.G.Karthikeiyan
JUDGMENT
This CMA is filed by the appellant-husband as against the Order passed
in I.A.No.257 of 2018 in H.M.O.P.No.1358 of 2017.
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CMA.No.1693 of 2021
2. On 15.06.2023, we directed both the parties to appear before the
Tamil Nadu Mediation and Conciliation Centre with respective counsel in
person on 30.08.2023 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 17.07.2023, settlement was arrived and settlement
agreement was entered into between the parties. The terms of the settlement
agreement is extracted hereunder:-
“SETTLEMENT AGREEMENT
“WHREAS
1. Disputes and differences has arisen between the Parties
hereto and the said Mr. Yoganathan (the Petitioner herein) filed
divorce petition before the learned Additional Principal Family
Judge, Coimbatore, pending in H.M.O.P.No.1358 of 2017 against
the said Mrs.Devapoorna (the 1st respondent herein) and
Mrs.Devapoorna (the 1st respondent herein) filed the maintenance
petition in I.A. No.257 of 2018 on herself and behalf of her minor
daughter namely Minor Gayathri Sri Varshitha (the 1st and 2nd
respondents herein). The learned Additional Principal Family
Judge, Coimbatore was pleased to allow the petition by awarding
maintenance of Rs.7,500/- to each Respondent dated on
19.01.2021. The said Mr. Yoganathan (the petitioner herein) filed
C.M.A. No. 1693 of 2021 before the Hon'ble High Court of
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CMA.No.1693 of 2021
Madras.
2. The matter was referred to mediation vide an Order dated
15.06.2023 passed by the Hon'ble High Court of Madras.
3. The parties agreed that they Mrs. Jothivani would act as
their Mediator/Conciliator.
4. Several meetings were held during the
Mediation/Conciliation from 22.06.2023 to 14.07.2023 and the
parties have with the assistance of the Mediator/Conciliator
voluntarily arrived at an amicable solution resolving the above
mentioned disputed 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. Both the Parties agreed for maintenance of Rs.5,000/-
each total of Rs. 10,000/- per month to the 1st and 2nd
respondents herein.
b. That Mr. Yoganathan (the petitioner herein) agreed to pay
the educational fees for his daughter namely Gayathri Sri
Varshitha (the 2nd respondent herein), who was studying B.E.,
Computer Science Dr.NGP Institute of Technology, Kalapatti,
Coimbatore.
c. Both the parties agreed that Mr. Yoganathan (the
petitioner herein) have the right to custody of his daughter namely
Gayathri Sri Varshitha (the 2 respondent herein), every week end
(Saturday and Sunday), during festivals, her birthday etc.
7. By signing this Agreement the parties hereto state that
they are no further claims of demands against each other with
respect to C.M.A. No. 1693 of 2021 pending before the Hon'ble
High Court of Madras and all disputes and differences in this
regard have been amicably settled by the Parties hereto through the
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CMA.No.1693 of 2021
process of Conciliation / Mediation. And the divorce proceedings
pending before the learned Additional Principal Family Judge,
Coimbatore in H.M.O.P. No.1358 of 2017 will be preceded
between the parties. ”
4. In terms of the above settlement agreement arrived at between the
parties, this Civil Miscellaneous Appeal is closed. The settlement agreement
shall stand form part and parcel of the decree. Since the matter is settled
between the parties, the Registry shall refund the Court Fee as per Rules in
force. No costs.
(J.N.B,J.) (D.B.C, J.)
Index : Yes / No 01.09.2023
nvsri
To
The learned Additional Principal Family Court, Coimbatore.
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CMA.No.1693 of 2021
J. NISHA BANU, J.
and
D.BHARATHA CHAKRAVARTHY,J.
nvsri
C.M.A.No.1693 of 2021
01.09.2023
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