Mr. A.K. Dhamodaran vs Geetha
2023 Latest Caselaw 12471 Mad

Citation : 2023 Latest Caselaw 12471 Mad
Judgement Date : 14 September, 2023

Madras High Court

Mr. A.K. Dhamodaran vs Geetha on 14 September, 2023

                                                       1                    C.M.S.A.No.33 of 2016

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 14.09.2023

                                                      CORAM

                                  THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN

                                               C.M.S.A.No.33 of 2016


                   Mr. A.K. Dhamodaran                                              ...Appellant

                                                       Versus

                   1. Geetha,
                   2.Anju @ Prakash                                              ..Respondents

                   Prayer: Civil Miscellaneous Second Appeal is filed to set aside the order
                   passed in CMA No.2 of 2015 dated 09.06.2016 by the Hon''ble Principal
                   District Judge, Villupuram and confirm the order and decreetal order passed
                   by the Hon''ble Principal Sub-Judge in HMOP No.56 of 2008 dated
                   18.02.2014.

                                    For Appellant      : Mr. J. Manikandan
                                    For Respondents   : Mr. H. Adaikala Arokiaraj for R1
                                                      *****
                                                  JUDGMENT

Civil Miscellaneous Second Appeal is filed to set aside the order

passed in CMA No.2 of 2015 dated 09.06.2016 by the Hon''ble Principal

District Judge, Villupuram and confirm the order and decreetal order passed

by the Hon''ble Principal Sub-Judge in HMOP No.56 of 2008 dated

18.02.2014.

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2. In pursuance of the order dated 06.03.2023 of this Court, this

appeal has been referred to the Tamil Nadu Mediation and Conciliation

Centre attached to this Court.

3. In the Tamil Nadu Mediation and Conciliation Centre attached to

this Court, both parties settled their issues amicably. Accordingly, the

report of the settlement arrived at between the parties has been forwarded to

this Court by the Tamil Nadu Mediation and Conciliation Centre attached

to this Court. The vital part of the Settlement agreement reads as follows:

"6.The following settlement has been arrived at between the parties hereto:

A: The Appellant A.K. Damodharan agrees to pay a sum of Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand only) to the respondent Mrs. Geetha, as full and final settlement. The said sum of Rs.7,50,000/- is paid in the following manner.

I. At the time of signing this Settlement Agreement, the Appellant shall be paid a sum of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) by way of Two Demand Draft, bearing D.D. (1) No.504657 dated 31.05.2023 for a sum of Rs.1,00,000/- (Rupees One Lakh Only) drawn on ICICI Bank, Egmore, Chennai and D.D. (2) bearing No.136649 dated 30.05.2023 for a sum of Rs.2,50,000/- (Rupees Two Lakh Fifty

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Thousand Only) drawn on Indian Bank, T.Pudupalayam Branch, Villipuram to the respondent Mrs. Geetha, on 05.06.2023 before the Mediators which said sum the respondent Mrs. Geetha, acknowledges the receipt of the same.

II. The balance sum of Rs.4,00,000/- (Rupees Four Lakhs Only) shall be paid by the appellant to the respondent Mrs. Geetha at the time of hearing of CMSA No.33 of 2016 before the Hon'ble High Court. Since 2nd respondent was a formal party in HMOP NO.56 of 2008, he is not necessary party in this Settlement Agreement.

B. The respondent Mrs. Geetha withdraws the M.C.No.364 of 2022 on the file of the I Additional Family Court, Chennai against the Appellant herein.

C. On the above Settlement the parties are agreeing for Divorce by Mutual Consent and necessary petition for Mutual Consent will be filed before the appropriate authority.

7. By signing this Agreement the parties hereto state that they have no further claims or demands against each other with respect to CMSA No.33 of 2016 and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of conciliation/Mediation.

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4. In terms of the Settlement Agreement, the appellant-husband has

handed over a Cheque for a sum of Rs.4,00,000/- (Rupees Four Lakh Only)

to the respondent-wife Mrs.Geetha in the presence of this Court and the

said cheque has been received by the respondent wife. Thus, as per the

terms of the Settlement Agreement, the total amount of Rs.7,50,000/- has

been paid to the respondent wife.

5. In view of the settlement agreement dated 05.06.2023 entered

between both parties and entire amount has been paid to the respondent

wife as per the terms of the Settlement Agreement, recording the Mediation

report dated 05.06.2023 along with the settlement agreement dated

05.06.2023, the Civil Miscellaneous Second Appeal stands disposed of in