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Mrs.P.Kousalya vs Mr.S.Raguraman on 25 February, 2020

Tr.C.M.P.No.881 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2020

CORAM

THE HON’BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

Tr.C.M.P.No.881 of 2019
and
C.M.P.No.24211 of 2019
Mrs.P.Kousalya … Petitioner

Vs

Mr.S.Raguraman … Respondents

Prayer: Transfer Civil Miscellaneous Petition filed under Section 24

C.P.C., to withdraw the H.M.O.P.No.117 of 2019 from the file of the Family

Court at Ariyalur and transfer the same to the file of the Sub Court at

Poonamallee.

For Petitioner : Mr.V.M.Venkatramana
For Respondent : Mrs.G.Ilamurugu

JUDGMENT

This Transfer Civil Miscellaneous Petition is filed to withdraw the

H.M.O.P.No.117 of 2019 from the file of the Family Court at Ariyalur and

transfer the same to the file of the Sub Court at Poonamallee.

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Tr.C.M.P.No.881 of 2019

2. When the matter came up for hearing on 28.11.2019, the learned

counsel appearing on both sides submitted that there is a possibility of

amicable settlement between the parties. In view of the said submission,

this Court referred the matter for Mediation and both the parties were

directed to appear before the Mediation and Conciliation Centre, High

Court, Chennai.

3. Today, when the matter is taken up for consideration, the learned

counsels appearing on either side submitted that both the parties have

compromised the issues among themselves and they have also filed a

Joint Memo of Compromise to that effect dated 17.02.2020. The terms of

the Joint Memo of Compromise is extracted hereunder:

JOINT MEMO OF COMPROMISE

1. The marriage between petitioner and the respondent
was solemnized on 26.01.2015 at PNM Thirumana
Mandapam, Caspa, Ariyalur, Ariyalur District. The petitioner
and the respondent are blessed with a son Viz., R.K.Dhanesh
on 03.11.2015.

2. The petitioner and the respondent had been living

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Tr.C.M.P.No.881 of 2019

separately, since 30.04.2015. Whileso, the respondent filed
the H.M.O.P.No.117 of 2019 on the file of the Family Court at
Ariyaur seeking restitution of conjugal rights. The petitioner
filed the above Tr.C.M.P. seeking to transfer the
H.M.O.P.No.117 of 2019 from the file of the Family Court at
Ariyalur to be transferred to Sub Court, Poonamalee.

3. The petitioner and the respondent were referred to
Mediation by this Court. After negotiations held with the
petitioner and the respondent, the petitioner and the
respondent agreed and arrived at an amicable settlement and
the terms of Settlement is reduced in black and while in this
Joint Memo of Compromise. The terms of Settlement are as
follows:

A. The petitioner and the respondent agree
to file a petition for Divorce by mutual Consent
before the Sub Court at Poonamallee within one
month from the date of this Joint Memo of
Compromise.

B. The respondent agrees to withdraw the
H.M.O.P.No.117 of 2019 from the file of the
Family Court, Ariyalur in lieu of the Mutual
Consent Divorce Petition to be presented at sub
Court at Poonamallee.

C. The petitioner and the respondent agree

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Tr.C.M.P.No.881 of 2019

that the custody of the minor son R.K.Dhanesh
shall be with the petitioner/mother.

D. The petitioner agrees to give up her
claim of maintenance, alimony etc., for herself
and for the minor son R.K.Dhanesh in lieu of the
respondent not claiming the custody or visitation
rights against the minor son R.K.Dhanesh.

E. The respondent also agrees to give up
the right to claim temporary or permanent
custody or visitation rights against the minor
son R.K.Dhanesh.

F. There shall be no past, present, future
claims for alimony or maintenance by the
petitioner and there shall be no future claims for
alimony or maintenance for the Minor son
R.K.Dhanes.

G. The custody and guardianship of the
minor son R.K.dhanesh shall be with the
petitioner. The respondent agrees that he will not
claim his right of custody or visitation against
the minor son R.K.Dhanesh.

Thus the petitioner and respondent has agreed to
reduce this Joint Memo of Compromise in writing and the

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Tr.C.M.P.No.881 of 2019

same is signed with freewill, consent and without any
coercion, fraud or undue influence.

4. In view of the compromise entered into between the parties, the

present Transfer Civil Miscellaneous Petition stands disposed of. No costs.

Consequently, connected Miscellaneous Petition is also closed.

25.02.2020

sbn

Index : Yes/No
Internet : Yes/No
Speaking /Non-speaking order

Note: Issue order copy on 28.02.2020

To

1.The Family Court,
Ariyalur.

2. The Sub Court,
Poonamallee.

3.The Section Officer,
VR Section,
High Court,
Madras.

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Tr.C.M.P.No.881 of 2019

V.BHAVANI SUBBAROYAN, J.

sbn

Tr.C.M.P.No.881 of 2019
and
C.M.P.No.24211 of 2019

Dated : 25.02.2020

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