Tr.C.M.P.No.39of 2023

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

1

https://www.mhc.tn.gov.in/judis

Tr.C.M.P.No.39of 2023

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

2

https://www.mhc.tn.gov.in/judis

Tr.C.M.P.No.39of 2023

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.

3

https://www.mhc.tn.gov.in/judis

Tr.C.M.P.No.39of 2023

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.