Madras High Court
S.Chitrasena vs A.Vijayanand on 22 October, 2024
Author: J. Nisha Banu
Bench: J. Nisha Banu
CMA.No.4759, 4760 of 2019
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.Nos.4759 and 4760 of 2019
and CMP.No.27375 of 2019
S.Chitrasena ... Appellant in CMA.4759/2019
& CMA.No.4760/2019
Vs.
A.Vijayanand ... Respondent in CMA.No.4759/2019
& CMA.No.4760/2019
Prayer : Civil Miscellaneous Appeals filed under section 19 of Family Court Act,
as against the common order and decree passed by the learned V Additional
Principal Judge, Family Court, Chennai made in O.P.No.4210 of 2012 &
O.P.No.27 of 2013 dated 30.09.2019.
For Appellant : Mrs.Sudharshana Sunder
For Respondent : Mr.C.D.Sugumar
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JUDGMENT
[Order of the Court was made by J.NISHA BANU, J.]
The above Civil Miscellaneous Appeals are filed by the appellant-wife as
against the order passed in O.P.Nos.4210 of 2012 & 27 of 2013 dated 30.09.2019.
2. On 29.07.2024, we directed both the parties to appear before the Tamil
Nadu Mediation and Conciliation Centre with respective counsel in person on
10.09.2024 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
01.10.2024, settlement was arrived and settlement agreement was entered into
between the parties. The terms of the settlement agreement is extracted
hereunder:-
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“SETTLEMENT AGREEMENT
“WHEREAS
1.Disputes and differences had arisen between the parties
hereto and CMA.Nos.4759 and 4760 of 2019 was filed before the
Hon'ble High Court of Madras.
2. The matter was referred to mediation/conciliation vide an
order dated 29.07.2024.
3.The parties agreed that M/s.S.K.Priya and Dr.N.Vijayaraj
would act as their mediator/conciliator.
4. Several meetings were held during the process of
Mediation/Conciliation from 07.3.2024 to 01.10.2024 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 confirm 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) Both the parties agree to dissolve the marriage by mutual consent
by withdrawing the allegations against each other.
B) The respondent agrees to pay a sum of Rs.15,00,000/- (Fifteen
lakhs) as lumpsum maintenance for the minor daughter. At the time
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CMA.No.4759, 4760 of 2019
of passing of final order, there will be no further claim. (1.5 lakhs
already deposited in the court).
C) The respondent agrees that the custody of the minor daughter will
be with the petitioner and he will not claim any rights including
visitation rights.
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.4759 and 4760 of 2019 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 Appeals are 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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CMA.No.4759, 4760 of 2019
To
The V Additional Principal Judge, Family Court, Chennai
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CMA.No.4759, 4760 of 2019
J. NISHA BANU, J.
and
P.DHANABAL, J.
nvsri
C.M.A.Nos.4759 and 4760 of 2019
22.10.2024
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