Madras High Court
Thiagarajan vs Devaki on 22 October, 2024
Author: J. Nisha Banu
Bench: J. Nisha Banu
CMA.No.1879 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2024
CORAM
THE HONOURABLE MRS. JUSTICE J. NISHA BANU
&
THE HONOURABLE MR.JUSTICE P.DHANABAL
C.M.A.No.1879 of 2021
and CMP.10136 of 2021
Thiagarajan ... Appellant
Vs.
Devaki ... Respondent
Prayer : Civil Miscellaneous Appeals filed under section 19 of Family Courts Act
against the decree and order in H.M.O.P.No.345 of 2013 dated 29.03.2021 on the
file of Additional Principal Family Court, Coimbatore.
For Appellant : Ms.V.Srimathi
For Respondent : Mrs.N.S.Keerthitha
for M/s.Sarvabhauman Associates
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CMA.No.1879 of 2021
JUDGMENT
[Order of the Court was made by J.NISHA BANU, J.]
The above Civil Miscellaneous Appeal is filed by the appellant-husband as
against the order passed in HMOP.No.345 of 2013 dated 29.03.2021.
2. On 15.07.2024, we directed both the parties to appear before the Tamil
Nadu Mediation and Conciliation Centre with respective counsel in person on
22.08.2024 for mediation.
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
14.10.2024, settlement was arrived and settlement agreement was entered into
between the parties. The terms of the settlement agreement is extracted
hereunder:-
“SETTLEMENT AGREEMENT
“WHREAS
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1.Disputes and differences had arisen between the parties
hereto and CMA.No.1879 of 2021 was filed on 06.08.2021 before the
Hon'ble High Court of Madras.
2. The matter was referred to mediation/conciliation vide an
order dated 15.07.2024 passed by Hon'ble Justice JNBJ:PDBJ
3.The parties agreed that C.Devi B.A.B.L., would act as their
mediation/conciliation.
4. Several meetings were held during the process of
Mediation/Conciliation from 22.07.2024 to 14.10.2024 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 confide and declare that they have
voluntary 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 and respondents arrived at a settlement agreement on
14.10.2024 before mediation and mediator on Madras High Court on
undergoing sessions, the appellant Thiyagarajan agreed to pay total
sum of Rs.9,50,000/- (Nine Lakhs fifty thousand only) in two
installments. Today appellant is paying Rs.2,00,000/- (Two lakhs) via
cheque # 000006 – Bank of Baroda dated 14.10.2024 and the balance
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amount of Rs.7,50,000/- (Seven lakhs fifty thousand) on or before
18.11.2024. If the appellant fails to pay the balance amount on or
before 18.11.2024 the respondent is having right to initiate
appropriate action in accordance with law.
7. By signing this agreement the parties hereto state that they have no
further claims or demands against each other with respect to
CMA.No.1879 of 2021 (Case No) 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 arrived at between the
parties, the Civil Miscellaneous Appeal is disposed of. The settlement agreement
shall stand form part and parcel of the decree.
5. Since the matter is settled between the parties, the Registry shall refund
the Court Fee as per Rules in force. No costs. Connected MP is closed.
[J.N.B.,J.] [P.D.B.,J.]
22.10.2024
nvsri
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To
The Judge,
Additional Principal Family Court, Coimbatore.
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J. NISHA BANU, J.
and
P.DHANABAL, J.
nvsri
22.10.2024
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