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2013 DIGILAW 3430 (MAD)

Nadiya v. Saravanan

2013-09-20

M.JAICHANDREN

body2013
Judgment : 1. This criminal original petition has been filed against the order dated 22.12.2011 passed in Crl. R.C. No.9 of 2011 by the learned Additional District and Sessions, Fast Track Court-I, Tindivanam. 2. The present petition was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras by the order of this Court dated 8.4.2013. 3. A communication dated 18.9.2013 of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of the Mediation Report dated 21.8.2013 has been received and in the said report, it is stated as follows:- "Both the parties appeared before the Centre along with their Counsel. Matter has been settled between them as per the terms cited in the Joint Memo of Compromise enclosed. Hence the matter is sent back to the Hon'ble Court." 4. As the parties have arrived at a settlement in terms of the Joint Memo of Compromise dated 21.8.2013, this petition is listed for passing orders in terms of the said Mediation Agreement. 5. The Joint Memo of Compromise dated 21.8.2013 signed by the parties and the counsel appearing for them reads as follows:- "The petitioner and respondent above named submit the following joint memo of compromise. 1. Pursuant to the discussion in the High Court Mediation Centre between the parties, both have agreed and accepted to bring an end to all disputes and cases pending between the parties and their relatives. 2. The respondent agrees that he will pay a total sum of Rs.4,50,000/- (Four lakh fifty thousand) in three equal installments of Rs.1,50,000/-(One lakh and fifty thousand only) as full and final settlement of all claims of maintenance, damages or any amounts that may be claimed in future by the respondent for any obligation arising out of the said marriage. 3. The petitioner agrees that she will receive a total sum of Rs.4,50,000/- (Four lakh fifty thousand) in three equal installments of Rs.1,50,000/-(One lakh and fifty thousand only) in full quit of all claims of maintenance past, present and future and unconditionally agrees not to file any other petition for maintenance either in civil or criminal court or make any further claims against the petitioner or members of his family for any obligation arising out of the said marriage. 4. 4. The petitioner accepts that she will agree and say no objection for allowing the petition filed by the respondent for Divorce in HMOP. No.4 of 2008 before the learned Sub Judge, Tindivanam. 5. The petitioner agrees to appear in person before the Hon'ble High Court, Madras and express no objection in allowing the criminal original petition on the day required by respondent for quashing of the complaint in C.C. No.36 of 2012, pending on the file of the learned Judicial Magistrate, Tindivanam against the respondent and other family members. 6. The petitioner and her father, a signatory in the memo of compromise undertakes that they will not restore or pursue the suit filed in O.S. No.203 of 2008 against the respondent and his father any more. 7. The petitioner and respondent agrees that the first installment of Rs.1.5 Lakh is paid and received today in the presence of the mediators and the counsels for the respective parties and the second installment of Rs.1.5 Lakh will be paid and received on the day when the complaint in C.C. No.36 of 2012 is quashed by the Hon'ble High Court, Madras and the last instalment will be paid and received on the day the HMOP. No.4 of 2008 or any other petition is filed and allowed for Divorce between the parties. 8. The petitioner agrees that no claim for compensation, marriage expenses, interest or any other payment will be made by her or anyone claiming under her or on her behalf nor is any such payment due or liable to be paid by the petitioner or members of his family to her or any one claiming under her. 9. The respondent states that all the gold ornaments of the petitioner and the ornaments gifted to the respondent by the petitioner's family were returned to the petitioner already at All Women Police Station, Tindivanam. The respondent as agreed has returned the vessels, cot, T.V., Fridge and Almirah etc. brought by the petitioner at the time of marriage on 18.8.2013. 10. The petitioner agrees to return the gold Mangalam to the petitioner on the day the divorce petition is allowed. 11. After exchange of the above said articles, the petitioner and the respondent will have no claims against each other for the return or exchange of articles, jewels, and silverware or personal belongings. 12. 10. The petitioner agrees to return the gold Mangalam to the petitioner on the day the divorce petition is allowed. 11. After exchange of the above said articles, the petitioner and the respondent will have no claims against each other for the return or exchange of articles, jewels, and silverware or personal belongings. 12. The petitioner and respondent agree that no action, claim complaint or any proceeding for the enforcement of any right or obligation arising out of the said marriage will be filed or sought to be enforced by them or any other person claiming under them. 13. No matrimonial rights of any nature would subsist between the parties and the parties agree not to interfere in the lives of each other in any manner whatsoever for ever." 6. In terms of the settlement arrived at between the parties, which is recorded under the Joint Memo of Compromise dated 21.8.2013 and in terms of the Mediation Report dated 21.8.2013 before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this petition is disposed of, recording the terms of the Joint Memo of Compromise dated 21.8.2013. The terms of the Joint Memo of Compromise dated 21.8.2013 and the report dated 21.8.2013 of the Tamil Nadu Mediation and Conciliation Centre shall form part of this order.