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2025 DAILYLAW 98626 (MAD)

SEENIVASAN v. ANNAPOORANI

CMA/26/2024 · 2025-02-21

J Nisha Banu, R Kalaimathi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CMA.26 and 161 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 21.02.2025 CORAM: THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE R.KALAIMATHI C.M.A.Nos.26 and 161 of 2024 Seenivasan ... Appellant in both CMAs VS. Annapoorani ... Respondent in both CMAs Prayer :- CMAs filed under Section 19 of the Family Court Act, 1984, praying to set aside the order dated 01.08.2023 made in O.P.No.130 of 2018 and O.P.No.169 of 2022 on the file of learned Family Judge, Dharmapuri. For Appellant : Mr.C.Santhosh Kumar For respondent : Mr.V.Chinnasami Page 1/6 https://www.mhc.tn.gov.in/judis CMA.26 and 161 of 2024 JUDGMENT [Judgment of the Court was made by R.KALAIMATHI, J.] The above CMAs have been filed by the appellant/husband praying to set aside the order dated 01.08.2023 made in O.P.No.130 of 2018 and O.P.No.169 of 2022 on the file of learned Family Judge, Dharmapuri. 2. The learned counsel for the appellant/husband and the respondent/wife would state that the matter is settled before the Mediation Centre and terms of settlement is also arrived at and a joint memorandum of compromise is entered into between the parties. 3. The terms of the settlement, is as hereunder:- “ A. It is hereby agreed by the appellant/husband shall execute the sale deed in favour of the minor children S.A.Tamilarasi aged about 11 years and S.A.Rangarajapandiay aged about 10 years through the Respondent/Wife as a Guardian in respect of the property situated in Survey No.54/2C to the extent of 43 cents which remains with the father of the appellant/husband Mr.J.Chinnasamy on 13.09.2024. B. It is hereby agreed by the respondent/wife and appellant/husband that both will withdraw all the pending Page 2/6 https://www.mhc.tn.gov.in/judis CMA.26 and 161 of 2024 cases filed by them against each other and their in-laws, if any before the various forums or any police complaints or whatsoever pursuant to this present settlement agreement, particularly withdraw the petition in M.C.No.13 of 2022 pending on the file Judicial Magistrate, Pappireddypatti, Dharmapuri District, within a period of 15 days and further agreed, that the respondent/wife will not pursue further with the unnumbered Private Complaint pending on the file of the Judicial Magistrate, Pappireddypatti, Dharmapuri District filed by the respondent/wife against the appellant/husband hereafter. C. The appellant/husband agreed and undertakes that his father J.Chinnasamy will not pursue further with the suit in O.S.No.156 of 2018 on the file of the learned District Munsif, Pappireddipatti, Dharmapuri, by filing restoration petition or whatsoever to reopen the said suit which was dismissed for non-prosecution. D. It is hereby agreed that the terms mentioned in clause “B” hereinabove will be acted upon by the respondent/wife only after the completion of the terms mentioned in clause 'A' hereinabove. E. It is hereby agreed by the respondent/wife that she does not have any objection for granting divorce by dissolving the marriage with the appellant/husband pursuant to this Page 3/6 https://www.mhc.tn.gov.in/judis CMA.26 and 161 of 2024 present settlement agreement. F. It is hereby agreed by the appellant/husband that he will not have any claim over the minor Children S.A.Tamilarasi aged about 11 years and S.A.Rangarajapandiay aged about 10 both were born out of the wedlock between the appellant/husband and respondent/wife and further, the appellant/husband relinquish all his legal rights over the above-mentioned children such as Visitation Rights and Custody rights. G. It is hereby agreed that both the parties shall not do any act of derogating or tarnishing the image of either party in any platforms like social medial, press, media or anywhere in future. H. It is hereby declared by both the parties, the appellant/husband and the respondent/wife that they have no other claims against each other in respect of any issues in past, present and future. I. It is hereby further declared that both the appellant/husband and the respondent/wife will not have any future claims or whatsoever against each other including the children, Minor Tamilarasi and Minor Rangarajapandiay. 6. By signing this Agreement, the parties hereto state Page 4/6 https://www.mhc.tn.gov.in/judis CMA.26 and 161 of 2024 that they have no further claims or demands against each other with respect to C.M.A.Nos.26 and 161 of2024 and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of mediation. “ 4. As per the terms of the agreement, divorce is granted to the parties and the CMA is disposed of in terms of the above Joint Compromise Memo. The joint compromise memo shall form part and parcel of the order. No costs. [J.N.B.J.] [R.K.M.J.] 21.02.2025 Index: Yes/No Internet: Yes/No nvsri J.NISHA BANU,J. and R.KALAIMATHI, J. nvsri To 1. The learned Judge, Family Court, Dharmapuri. Page 5/6 https://www.mhc.tn.gov.in/judis CMA.26 and 161 of 2024 C.M.A.Nos.26 and 161 of 2024 21.02.2025 Page 6/6 https://www.mhc.tn.gov.in/judis