O R D E R

The Civil Revision Petition has been filed by the two petitioners jointly namely V. Sandesh and Mrs. Anitha Sankaralingam praying to set aside the order of dismissal dated 22.12.2020 passed in I.A.No.4 of 2020 in O.P. No.223 of 2020 on the file of the Family Court at Namakkal.

2. The case of the petitioners is that the petitioners herein who are husband and wife respectively, got married on 29.08.2018 as per Hindu Rites and Customs at Vijaya Raja Marriage Hall, in Madavakkam Main Road at Chennai. Both parties could not have a comfortable cohabitation and they could not lead their matrimonial life in happy and harmonious manner within a short period of 30 days after the marriage, due to incompatibility in nature misunderstanding and difference of opinion have developed between the petitioners. Further, the 2nd petitioner/wife left the matrimonial home and started to live with her parents at Namakkal. Hence both parties have initiated legal proceedings against each other thereby HMOP. No.172 of 2019 has been filed by the 2nd petitioner/wife against the 1st petitioner/husband for restitution of conjugal rights on the file of the Family Court at Chennai and HMOP. No.4099 of 2019 has been filed by the 1st petitioner/husband against the 2nd petitioner/wife for divorce on the file of Ist Additional Family Court, Chennai. Since the Ist petitioner/husband is living in Chennai and the 2nd petitioner/wife is living at Namakkal, the 2nd petitioner/wife has filed a Transfer CMP No.999 of 2019 before this Court praying to transfer the case in HMOP No.4099 of 2019 on the file of Ist Additional Family Court, Chennai to the Family Court, at Namakkal District. By order dated 06.02.2020 of this Court, it was ordered to transfer the case and renumbered as O.P. No.75 of 2020 on the file of the Family Court, at Namakkal. Pending these cases, the parties were directed to attend before the mediation for arriving at mutual settlement between the parties by the Court below. In addition to, many efforts and endeavour by way of negotiations and conciliations taken by the elders of their family and legal fraternity to ameliorate the relationship of the parties went failed. In the meanwhile, as the petitioners have taken their respective jewellery, ornaments, valuables, properties with their consent, there are no claims whatsoever between the parties in respect of their belongings against each other. Since their marriage has been broken down irretrievably and there is no chance and scope for reunion between the petitioners herein, they had come forward voluntarily to dissolve their marriage by mutual consent. Hence, the petitioners had jointly filed FCOP No.223 of 2020 under Section 13(B) of Hindu Marriage Act, 1955, on the file of Family Court, Namakkal praying for divorce by mutual consent of dissolving the marriage which was solemnized on 29.08.2018 at Vijaya Raja Marriage Hall in Madavakkam main road and subsequently, a Memorandum of Understanding has been executed between them whereby the 1st petitioner/husband agreed to pay a sum of Rs.5,00,000/- as permanent alimony to the 2nd petitioner/wife by way of Cheque bearing No.397778 dated 21.9.2019 for Rs.1,00,000/- drawn on State Bank of India, Ramanathapuram Branch and remaining amount of Rs.4,00,000/- by way of Cheque No.397777 drawn on State Bank of India, Ramanathapuram Branch. The same had been duly acknowledged by the 2nd petitioner/wife in which the 2nd petitioner/wife agreed to return the Cheque of Rs.4,00,000/- after receiving the said amount by cash from the 1st petitioner/husband. Moreover, the petitioners herein have agreed to withdraw the cases filed by them earlier before the Court below. Subsequent to the above, the petitioners have filed I.A. No.4 of 2020 under Section 13B(2) of the Hindu Marriage Act, 1955 before the Family Court, at Namakkal, praying for to dispense with the cooling off period of six months in FCOP No.223 of 2020 filed on its file and take up the matter immed