Citation : 2024 Latest Caselaw 18068 Mad
Judgement Date : 10 September, 2024
CMA.No.1460 of 2024
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.No.1460 of 2024
T.E.Manikandan ... Appellant
Vs.
Mala ... Respondent
Prayer: Civil Miscellaneous Appeal filed under section 19 of Family Courts
Act against the judgment and decree and order made by the Family Court,
Tiruvallur in H.M.O.P.No.6 of 2021 dated 18.03.2024.
For Appellant : Ms.P.V.Rajeswari
For Respondent : Mr.A.R.Suresh
JUDGMENT
This Civil Miscellaneous Appeal is filed by the appellant-husband as
against the order dated 18.03.2024 passed in HMOP.No.6 of 2021.
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2. On 26.07.2024, we directed both the parties to appear before the Tamil
Nadu Mediation and Conciliation Centre with respective counsel in person on
02.08.2024 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
29.08.2024, 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 hereto and C.M.A.No.1460 of 2024 was filed on 26.07.2024 before the Hon'ble High Court, Madras.
2. The matter was referred to mediation/conciliatin vide an order dated 26.07.2024 passed by Hon'ble JNBJ and PDBJ.
3. The parties agreed that V.T.Balaji would act as their Mediator/Conciliator.
4. Several meetings were held during the process of Mediation/Conciliation from 05.08.2024 to 29.08.2024 and the parties have with the assistance of the Mediator/Conciliator voluntarily arrived at an amicable solution resolving the above
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mentioned disputes and differences.
5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at the Settlement Agreement in the presence of the Mediator/Conciliator.
6. The following settlement has been arrived at between the parties hereto.
A. First party, T.E.Manikandan agreed to withdraw the case in C.M.A.No.1460 of 2024 pending before this Hon'ble High Court filed by him for the dissolution of his marriage with Smt.Mala, the second party herein.
B. Both parties agree to live together hereafter in a separate house without any interference of both side family members.
C. First Party will take care of his aged mother and the Second Party agrees for the same.
7. By signing this Agreement, the Parties hereto state that they have no further claims or demands against each other with respect to C.M.A.No.1460 of 2024 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, this Civil Miscellaneous Appeal is 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, Tiruvallur.
10.09.2024
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