S.Nesamani vs /
2024 Latest Caselaw 5130 Mad

Citation : 2024 Latest Caselaw 5130 Mad
Judgement Date : 5 March, 2024

Madras High Court

S.Nesamani vs / on 5 March, 2024

Author: V.Bhavani Subbaroyan

Bench: V.Bhavani Subbaroyan

                                                                   C.M.A.(MD)Nos.1189 & 1191 of 2023

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 05.03.2024

                                                   CORAM:

                       THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
                                             AND
                         THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN

                                      C.M.A.(MD)Nos.1189 & 1191 of 2023
                                                    and
                                         C.M.P.(MD)No.15805 of 2023



                     S.Nesamani                               ...Appellant in both appeals


                                                      /Vs./



                     M.L.Mathubala                            ...Respondent in both appeals


                     PRAYER in CMA(MD)No.1189 of 2023:- Appeal - filed under under
                     Section 19(1) of the Family Courts Act, 1984, to call for the records
                     pertaining to the fair and decreetal order passed by the learned Family
                     Court Judge, Sivagangai in HMOP No.15 of 2022 dated 30.01.2022 and
                     set aside the same.



                     1/10



https://www.mhc.tn.gov.in/judis
                                                                   C.M.A.(MD)Nos.1189 & 1191 of 2023

                     PRAYER in CMA(MD)No.1191 of 2023:- Appeal - filed under under
                     Section 19(1) of the Family Courts Act, 1984, to call for the records
                     pertaining to the fair and decreetal order passed by the learned Family
                     Court Judge, Sivagangai in HMOP No.285 of 2021 dated 30.01.2022 and
                     set aside the same and to dissolve the marriage, which was solemnized on
                     20.08.2014 between the appellant and the respondent.


                     In both Appeals:-


                                    For Appellant       : Mr.S.Balaji
                                    For Respondent      : Mr.P.Kanagarajan




                                              COMMON JUDGMENT

(Judgment of the Court was made by V.BHAVANI SUBBAROYAN, J.)

The present appeals have been filed challenging the fair and

decreetal orders passed by the learned Family Court Judge, Sivagangai in

HMOP No.15 of 2022 and in HMOP No.285 of 2021 both dated

30.01.2022 with a direction to dissolve the marriage, which was

solemnized on 20.08.2014 between the appellant and the respondent.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)Nos.1189 & 1191 of 2023

2. This Court, by order dated 24.11.2023 had directed the

parties to appear before the Mediation and Conciliation Centre attached

to this Bench for amicable settlement with consent of both parties.

3. Today, when the matter was taken up for hearing, it is seen

that mediation report dated 10.01.2024 has been filed along with the

settlement agreement entered into between the parties on 10.01.2024

signed by them and their respective counsel stating that the dispute

between the parties has been settled and that both the parties agree to

withdraw all the connected cases before this Court as well as any other

Courts. The said settlement agreement is recorded, which is scanned

hereunder:-

https://www.mhc.tn.gov.in/judis C.M.A.(MD)Nos.1189 & 1191 of 2023

https://www.mhc.tn.gov.in/judis C.M.A.(MD)Nos.1189 & 1191 of 2023

https://www.mhc.tn.gov.in/judis C.M.A.(MD)Nos.1189 & 1191 of 2023

https://www.mhc.tn.gov.in/judis C.M.A.(MD)Nos.1189 & 1191 of 2023

The appellant and the respondent also appeared before this Court today

and stated that they are going to live together for the welfare of their

children.

https://www.mhc.tn.gov.in/judis C.M.A.(MD)Nos.1189 & 1191 of 2023

4. In view of the settlement arrived at between the parties, the

Civil Miscellaneous Appeals are disposed of. The mediation report dated

10.01.2024 along with the settlement agreement entered into between the

parties on 10.01.2024 signed by the parties and their respective counsel

shall form part of this judgment and decree. The decree shall be drawn in

terms of the settlement agreement filed before this Court. No costs. The

Registry is directed to refund the Court fee, if any, since the matter is

settled in mediation. Consequently, connected miscellaneous petition is

closed.





                                                                (V.B.S.J.) & (K.K.R.K.J.)
                                                                      05.03.2024
                     NCC      :Yes/No
                     Index    :Yes/No
                     Internet :Yes
                     sm

https://www.mhc.tn.gov.in/judis C.M.A.(MD)Nos.1189 & 1191 of 2023

TO:-