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2023 Supreme(Online)(MAD) 18794

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.09.2023 C O R A M THE HONOURABLE MRS.JUSTICE BHAVANI SUBBAROYAN TR C.M.P. No.39of 2023 and C.M.P.No.1179 of 2023 K.Valli ... Petitioner Vs.

T.Kalayappan ... Respondent PRAYER: This Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code, 1908 to withdraw H.M.O.P.No.670 of 2020 pending of the file of the Additional Family Court, Coimbatore and transfer the same to the file of any Family Court, Chennai and pass orders.

For Petitioner : Mr. T.Vijaya Raaghavan For Respondent : Mr. B.Jawahar for Mr.R.Radha Pandian

O R D E R

This Transfer Civil Miscellaneous Petition has been filed seeking to withdraw H.M.O.P.No.670 of 2020 pending of the file of the Additional Family Court, Coimbatore and transfer the same to the file of any Family Court, Chennai for further proceedings.

2. When the matter was taken up for hearing, the learned counsels appearing for their respective parties submitted in unison that this Court vide its order, dated 17.07.2023 referred the matter to Mediation. Thereafter, both the parties appeared before the Mediation Center attached to this Court on various dates. The matter was finally listed on 14.09.2023 and a Joint Memo of Compromise was filed by both the parties settling the dispute among them. A Mediation Report along with the Joint Memo of Compromise is placed in Court bundle. The said Joint Memo of Compromise is reproduced hereunder :-

Joint Memo of Compromise The respondent/ husband married the petitioner/Wife on 08.04.1993, out of the said wedlock two male sons are there, who are all majors. The petitioner and the respondent are facing matrimonial issues, therefore they could not lead their life jointly, which has resulted that the respondent has filed H.M.O.P.No.670/2020 before the Principal Family Court, Coimbatore, praying for divorce of their marriage held on 08.04.1993.

The petitioner filed the above Tr.C.M.P. praying to transfer the H.M.O.P.No:670/2020 from Prl. Family Court, Coimbatore to Family Court, Chennai. The said Tr.C.M.P. referred to Hon'ble High Court Mediation center for amicable settlement between the parties.

After due deliberations and negotiations among the parties, in the presence of their respective counsels before the mediator, the petitioner and the respondent have mutually agreed to settle their disputes in the following terms:

a) The petitioner and the respondent have mutually agreed to get divorce of their marriage dated 08.04.1993, by filing Section 13(B) petition before the Principal Family Court at Chennai.

b) The respondent has agreed to relinquish his half share over the flat situated at Karaikudi, in their joint names, in favour of the petitioner, by executing the deed of release, which has to be prepared by the petitioner wife and the respondent/husband has to sign the release deed on the date of presentation of the mutual consent petition before the Principal Family Court at Chennai, or on any other day fixed by the petitioner, also the release deed has to be completed by the respondent placing his presence at SRO-Karaikudi, upon convenience of both parties within 60days from this memo.

c) The petitioner shall bear the cost of registration and other charges for the release deed. The respondent shall co- operate for execution of the release deed and for its registration before the concerned S.R.O.

d) The petitioner shall withdraw all cases filed against the respondent before any court of law. The petitioner shall also withdraw all the complaints filed against the respondent before the Police Department, in respect of their matrimonial life, partnership, business and etc.

e) The Petitioner and Respondent mutually agreed that the respondent shall pay permanent alimony of R$25,00,000(Rupees Twenty Five Lakhs Only) to the Petitioner which includes the amount of Rs.7,00,000(Rupees Seven Lakhs Only) which has been claimed by the father of the Petitioner against the respondent U/s 138 of the N.I.Act through the proceeding in S.T.P.C-1900/2023,FTC-III at Saidapet.

f) Today is 14.09.2023 as per the mutual agreement of the Petitioner and the respondent, the respondent paid Rs.7,00,000(Rupees Seven Lakhs Only) by way of D.D.No.847044 Drawn On Tamilnadu Mercantile Bank (Kavundampalayam Branch) dated 12.09.2023, the same was received by the father of the Petitioner under S.T.C No 1900/2023 has withdrawn by the father of the Petitioner. The Balance amount to be paid by the respondent to the Petitioner towards permanent alimony is only for sum of Rs18,00,000(Rupees Eighteen Lakhs Only) and the balance

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