Madras High Court
G.Rajangam vs Tharani on 12 September, 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.09.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
C.M.A.(MD)No.655 of 2023
G.Rajangam ...Appellant
/Vs./
1.Tharani
2.Aravind ...Respondents
PRAYER:- Civil Miscellaneous Appeal- filed under Section 19(1) of the
Family Courts Act, 1984 to call for the records pertaining to the
executable order and fair order dated 31.01.2023 in O.P.(MD)No.85 of
2021 on the file of the Family Court, Sivagangai and to set aside the
same.
For Appellant : Mr.R.Gowri Shankar
For R2 : Mr.Prasannarajadurai
For R1 : No appearance
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JUDGMENT
(Judgment of the Court was delivered by DR.ANITA SUMANTH, J.)
This matter was referred to mediation on 16.08.2023 and after
several rounds of mediation, the parties have entered into an agreement
on 07.09.2023, which is made part and parcel of the record and duly
incorporated in this order. The agreement reads thus:
1. Disputes and differences had arisen between the parties
hereto and CMA(MD).No.655/2023 was filed on 27.06.2023
before Madurai Bench of Madras High Court.
2. The matter was referred to Mediation/Conciliation vide an
order dated 16.08.2023 passed by the Hon'ble Dr. Justice
Anitha Sumanth and the Hon'ble Mr. Justice R. Vijayakumar
3. The parties agreed that V. Nagarajan would act as their
Mediator/Conciliator.
4. Several meetings were held during the process of
Mediation/Conciliation from 21.08.2023 to 30.08.2023 and
07.09.2023 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.
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6. The following settlement has been arrived at between the
parties hereto:
A. The Appellant and the 1st Respondent agrees to dissolve
their marriage by filing consent divorce petition together
before the Hon'ble Family Court, Madurai immediately after
the date of disposal of this appeal preferably within a week.
B. Both the above said Petitioner/Appellant and the above said
1st Respondent assures vice versa to give consent for divorce
by filing consent divorce application before the Family Court
and further that she will not make any claim for maintenance
from the Appellant either at present or in future.
C. The 1st Respondent agrees to permit the appellant to visit
the children on every fortnight of English Calendar month in a
public place for ½ a day, as proposed by the Appellant. In
case, if the appellant fails to visit the children by missing the
fortnight period then he may be permitted to visit the children
on the 4th Sunday of the said month.
7. By signing this Agreement the parties hereto state that they
have no further claims or demands against each other with
respect to C.M.A(MD).No.655/2023 and all disputes and
differences in this regard have been amicably settled by the
parties hereto through the process of Conciliation/Mediation.”
2.Learned counsel for the appellant makes an endorsement not
pursuing this Civil Miscellaneous Appeal and the same is hence, closed
in light of agreement dated 07.09.2023.
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3.Since substantial efforts have been put in by the Mediator
leading to the finalization of agreement dated 07.09.2023, each party will
pay a sum of Rs.5,000/- to the Mediator within a period of two weeks
from today (i.e., 12.09.2023) and file a memo into the Court.
4. The parties have amicably agreed to file an application under
Section 13-B of the Hindu Marriage Act seeking divorce by consent. In
light of the fact that the parties have been before the Court since 2021,
the period of six months (cooling off) stands waived. No costs.
[A.S.M.J.,] & [R.V.J.,]
12.09.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes
ta
Note: Registry to release this order only upon receipt of memos
as referred to in para 3 of this order.
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To
1.The Family Court, Sivagangai.
2.The Section Officer,
Vernacular Section,
Madurai Bench Of Madras High Court,
Madurai.
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DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
ta
Order made in
C.M.A.(MD)No.655 of 2023
Dated:
12.09.2023
https://www.mhc.tn.gov.in/judis
