Madras High Court
Sathya vs Arunkumar on 10 September, 2024
Author: J. Nisha Banu
Bench: J. Nisha Banu
CMA.Nos.844/2022 and 871/2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.09.2024
CORAM
THE HONOURABLE MRS. JUSTICE J. NISHA BANU
&
THE HONOURABLE MR.JUSTICE P.DHANABAL
C.M.A.Nos.844 and 871 of 2022
Sathya ... Appellant in both CMAs
Vs.
Arunkumar ... Respondent in both CMAs
Prayer in both CMAs: Civil Miscellaneous Appeals filed under section 19 of
Family Courts Act against the judgment and decree passed by the Family Court,
Tiruvannamalai dated 09.12.2021 in HMOP.Nos.27/2020 and 121/2020.
For Appellant : Mr.B.Jawahar
For Respondent : Mr.N.Manokaran
COMMON 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 decree passed by the Family Court, Tiruvannamalai dated 09.12.2021
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in HMOP.Nos.27 of 2020 and 121 of 2020.
2. On 01.07.2024, we directed both the parties to appear before the Tamil
Nadu Mediation and Conciliation Centre with respective counsel in person on
08.07.2024 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
06.08.2024, settlement was arrived and settlement agreement was entered into
between the parties. The terms of the settlement agreement is extracted
hereunder:-
“SETTLEMENT AGREEMENT
“WHREAS
1.Disputes and differences had arisen between the parties
herein and C.M.A.Nos.844 and 871 of 2022 were filed before the
Hon'ble High Court to set aside the judgments and decrees dated
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09.12.2021 made in HMOP.No.27 of 2020 and HMOP.NO.121 of
2020 passed by the Family Court, Tiruvannamalai.
2. The matter was referred to mediation / conciliation vide an
order dated 01.07.2024 passed by the Hon'ble High Court.
3. The parties have agreed that Mrs.G.MANJULA DEVI would
act as their Mediator/Conciliator.
4. Several rounds of meeting were held during the process of
Mediation/Conciliation from 08.07.2024 to 06.08.2024 and the
parties have with the assistance of the Mediator/Conciliator have
voluntarily arrived at an amicable solution for resolving their disputes
and differences.
5. The parties hereto confirm and declare that they have
voluntarily and on 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 that the Respondent/Husband has to
pay Rs.21,00,000/- (Rupees Twenty One lakhs only) towards
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permanent alimony to the appellant/wife within a period of 90 days
from today i.e. from 06.08.2024.
B. Both the parties agree to exchange their respective articles
listed in the annexure hereunder, on the date of payment of the entire
amount of Rs.21,00,000/- on or before 06.11.2024. The respondent
has agreed to handover all the below listed articles of the
Appellant/Wife at Tiruvannamalai Court premises in the presence of
their respective advocates at Thiruvannamalai and vice versa the
appellant has agreed to handover the articles of the respondent. The
list of articles and jewels to be exchanged between both the parties
are annexed herewith.
C. The Appellant/Wife agree to withdraw C.R.P.No.16 of 2023
pending before the Ld.Principal District Court at Tiruvannamalai and
CSR.No.565 of 2014 in Chengam All Women Police Station,
Tiruvannamalai District, after receipt of the above payment. Both the
parties are agree to withdraw all the complaints/Petitions/Cases filed
against each other relating to their matrimonial issues and there will
be no future claim against each other hereafter.
D. The Appellant/Wife agree to accept the decree of divorce
granted in HMOP.No.121 of 2020 passed by the Ld. Family Court,
Tiruvannamalai, dated 09.12.2021.
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7. By Signing this Agreement, the parties hereto state that they
have no further claims or demands in the future against each other
with respect to the matrimonial issues in C.M.A.Nos.844 & 871 of
2022 and the order dated 02.03.2022 made in M.C.No.1 of 2021 on
the file of the Ld.District Munsif/Judicial Magistrate,
Thandarampattu and all other disputes and differences with regard to
the matrimonial disputes are amicably settled by the parties herein
through the process of conciliation/mediation.
8. Both the parties herein mutually agree and accept the above
terms. This memo of settlement has been entered into and signed
voluntarily and without any coercion or undue influence. ”
4. In terms of the above settlement agreement arrived at between the
parties, the Civil Miscellaneous Appeals are closed. The settlement agreement
shall stand form part and parcel of the decree. Since the matter is settled between
the parties, the Registry shall refund the Court Fee as per Rules in force. No costs.
[J.N.B.,J.] [P.D.B.,J.]
10.09.2024
nvsri
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J. NISHA BANU, J.
and
P.DHANABAL, J.
nvsri
To
The Judge, Family Court, Tiruvannamalai.
C.M.A.Nos.844 and 871 of 2022
10.09.2024
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