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Ragini Balaji vs Raja on 21 January, 2020

C.R.P.No.2764 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN

C.R.P.No.2764 of 2019

Ragini Balaji .. Petitioner

Vs.

Raja .. Respondent

Prayer: Civil Revision Petition filed under Article 227 of the

Constitution of India seeking a direction to the learned

Subordinate Judge, Tambaram to pre-pone the hearing in

H.M.O.P.No.438 of 2019 and issue fresh summons to the

respondent by re-fixing the hearing.

For Petitioner : Mr.R.Chandrasudan

For Respondent : Mr.K.T.Sankar Subramanian
—–

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C.R.P.No.2764 of 2019

ORDER

Revision has been filed seeking a direction to advance the

hearing in H.M.O.P.No.438 of 2019, pending on the file of the

learned Subordinate Judge, Tambaram.

2. The petitioner/wife has filed the said petition for divorce.

Since the matter has been adjourned to a very long date, revision

has been filed seeking to advance the hearing. Pending revision,

the matter was referred to Mediation.

3. Now, it is informed that the matter has been settled in the

Mediation and the parties have filed the Settlement Agreement

dated 18.12.2019, which reads as under:

“7. The following settlement has been
arrived at between the parties hereto:

8. The petitioner Mrs. Ragini Balaji and
the respondent Mr. Raja have mutually
agreed to file separate petition under
Section 13(B) of the Hindu Marriage Act,
1955 to dissolve the marriage between the
petitioner and the respondent, which was

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C.R.P.No.2764 of 2019

solemnized on the 14 th Day of June 2010 at
Uppliappan Temple, Kumbakonam by mutual
consent within a period 30 days from today
before the competent court.

9. On filing of 13(B) petition, and the
same being numbered, the petitioner has
agreed to withdraw the divorce petition
filed in O.P.No.438 of 2019 pending on the
file of the Sub-Court, Tambaram at the time
of recording evidence in mutual consent
petition filed by them. In the event of
failure to conclude the proceedings in
mutual consent petition on account of any
lapses on the part of any parties or
withdrawal of consent by anyone of the
parties, both the parties shall be free to
proceed with the case on merits. The
Petitioner undertakes to withdraw the police
complaints only after filing and numbering
of the 13(B)Petition to ensure that the
Police does not bother the Respondents or
his relatives in any manner as the jewels
and documents have already been handed
over on 16.12.2019.

10. The petitioner Ragini Balaji has

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C.R.P.No.2764 of 2019

agreed to withdraw the pending criminal
complaint. The parties have agreed to
withdraw all the allegations raised in the
petitions, counters, applications and all
other proceedings unconditionally without
any reservation immediately after passing
of decree in mutual consent petition.

11. The petitioner Ragini Balaji has
given up the claim of maintenance
absolutely including lifetime alimony
against the respondent Raja subject to
passing of final order in mutual consent
petition. The respondent Raja shall have no
claim whatsoever against Ragini Balaji.
Ragini also undertakes to file necessary
forms with the Regional Passport Office to
remove the name of Mr.Raja from her
passport within 30 days of receipt of the
divorce decree.

12. The respondent has voluntarily
agreed to bear the educational expenses of
the minor child Keshav, the fees will be
remitted to the concerned school directly.
Thereafter the respondent shall provide the
remittance challan to the petitioner. In case

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C.R.P.No.2764 of 2019

of change of school, the petitioner will
intimate the respondent in advance
enabling him to remit the fees.

13. The respondent has also agreed to
return the household articles; dress
materials and other articles that are in his
possession to the petitioner at the earliest.
The respondent has already returned the
specified items of jewels listed below in
Madras High Court Mediation center:

Bangle – 1
1 Pair Red- Green Bangle
1 Necklace with Black Beads
1 Set Simple Bangle
1 Chain with Dollar
1 Chain Keshav
1 Thaali Chain, 1 Chain with Dollar
1 Pair Baby Bangle
1 Pair Silver Anklet
3 Rings, 1 Adduku Earrings, 1 Pair
Diamond Earrings
1 Pair Diamond Earrings Keshav
The petitioner has acknowledged the receipt
of the above Articles.

14. Both the parties shall undertake

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C.R.P.No.2764 of 2019

not to resort any other proceedings before
any other forums of law relating to the
matrimony in future and all issues pertains
to the matrimonial relationship have been
treated as closed/settled amicably subject
to passing of final order in mutual consent
petition.

15. The minor son Keshav aged about
6 Years is under the care and custody of
the petitioner Ragini Balaji. The Respondent
Raja has agreed that the custody and
guardianship of the Minor Son Keshav, now
aged about 6 years, will continue to remain
with the petitioner Ragini Balaji and the
respondent Raja or his family members will
not seek/claim for custody or guardianship
of the child as long as Ragini is capable of
having custody.

16. The respondent Raja is entitled for
visitation right once in a week. The day of
the week will be in alternative
Saturday/Sunday. In week 1 of Saturday he
will pick up the child directly from school
after school session and drop back the child
in the Petitioner’s house at 9 PM. In week 2

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C.R.P.No.2764 of 2019

of Sunday the Respondent will pick up the
child on Sunday morning from the
Petitioner’s house at 9 AM and drop him
back at 6 PM Sunday Evening. In this
manner the Respondent will get to meet the
child every week. On that day of visitation,
the respondent is entitled to have the
temporary custody of minor Child Keshav
and he can take a child to the place of his
choice

17. The Respondent shall also be
entitled to have custody of the child for any
one half of the day during important
festivals like Pongal and Diwali. The
Respondent shall also be entitled to take
the child on a vacation anywhere in India
for a period of 4 days at the time of
December/Christmas holidays or Navaratri
Pooja holidays. Thereafter, the respondent
shall be entitled for a period of 5 days at
the time of Summer holidays by informing
of the dates of his intended custody on
those days well in advance to the petitioner
through email [email protected]

18. The Petitioner shall not remove the

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C.R.P.No.2764 of 2019

child, from the jurisdiction of India for a
period more than 30 days without prior
intimation to the Respondent. Such
information shall be given 30 days prior to
such date of travel.

19. In case the respondent relocates to
some other place, country, Skype Videocalls
on a daily basis shall not be hindered by
the Petitioner. The respondent shall have
all rights to conduct poonal and marriage of
the minor child subject to concurrence of
the petitioner as regard to fixing of
auspicious date and manner in which
performance of ceremonies. The petitioner
shall also cooperate for the same.

20. The respondent Raja undertakes
that hereinafter he shall not resort to
sending communications in any form
including sending SMS, e-mail or letter and
phone calls whatsoever to the petitioner
Ragini Balaji in future unless it relates to
Minor Keshav. The Petitioner Ragini shall
maintain a Email id
[email protected] to contact by
Respondent Raja to communicate regarding

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C.R.P.No.2764 of 2019

Keshav.

21. In case anyone of the parties
violates this condition, the aggrieved party
is entitled to enforce the terms of the
compromise through legal recourse in the
manner known to law.

22. By signing this agreement the
parties hereto state that they have no
further claims or demand against each
other with respect to CRP PD No. 2764 of
2019 which in turn filed in continuance of
the proceeding in OP. No. 438 of 2019 on
the file of Sub- Court, Tambaram and all
disputes and differences in this regard have
been amicably settled between the parties
hereto through the process of conciliation
and meditation.”

4. Today, both the parties were present before the Court

along with their respective counsel and submitted that they have

settled the dispute through mediation and further submitted that

orders may be passed in terms of the settlement dated

18.12.2019.

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C.R.P.No.2764 of 2019

5. In view of the above circumstances, the revision is

disposed of in terms of the settlement dated 18.12.2019. The

said settlement dated 18.12.2019, shall form part of this order.

No costs. Consequently, the connected miscellaneous petition is

closed.

21.01.2020
kk

Note: Issue order copy on or before 24.01.2020.

To

The Subordinate Judge,
Tambaram.

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C.R.P.No.2764 of 2019

V.BHARATHIDASAN, J.

kk

C.R.P.No.2764 of 2019

21.01.2020

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