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2014 DIGILAW 200 (MAD)

A. Thangathambi v. M. Prema

2014-01-29

K.KALYANASUNDARAM, M.JAICHANDREN

body2014
JUDGMENT M. Jaichandren, J. 1. This appeal is directed against the judgment and decree, dated 5.5.2011, passed by the Family Court, Salem, in O.S.No.7 of 2009. 2. The petitioner herein had filed the suit, O.S.No.7 of 2009, before the Family Court, Salem, to pass a judgment and decree as against the respondent/defendant as under: (a) To declare that the entry made, on 12.1.2009, in No.41 of 2009, before the Registrar of Marriage, Salem West, as null and void and not binding on the plaintiff; (b) To grant a permanent injunction restraining the defendant from claiming any right under the said entry or interfere with the plaintiff and his life in any manner whatsoever. (c) To grant such other suitable reliefs, as found just and appropriate in the circumstances of the case." 3. The Family Court, Salem, dismissed the suit, on 5.5.2011. Challenging the said judgment and decree, the present appeal is filed, by the plaintiff. 4. The matter was referred for mediation, to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, by the order of this Court, dated 25.9.2013. 5. A communication, dated 28.01.2014, of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, enclosing a copy of its Mediation Report, dated 21.01.2014, has been received, and in the said Mediation 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 Mediation Agreement enclosed. Hence the matter is sent back to the Hon'ble Court." 6. As the parties have arrived at a settlement in terms of the Mediation Agreement, dated 21.01.2014, this appeal is listed for passing judgment, in terms of the said Mediation Agreement. 7. The Mediation Agreement, dated 21.01.2014, signed by the parties as well as their respective counsels, reads as follows:- "Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows: 1. The Appellant and Respondent have agreed that all disputes between them relating to the entry dated 12.01.2009 before the Registrar of Marriages, Salem, West, in No.41/2009 is to be declared as Null and Void and not binding on the Appellant, as no marriage took place between them and they never lived as spouses. 2. The Appellant and Respondent have agreed that all disputes between them relating to the entry dated 12.01.2009 before the Registrar of Marriages, Salem, West, in No.41/2009 is to be declared as Null and Void and not binding on the Appellant, as no marriage took place between them and they never lived as spouses. 2. The respondent agrees that pursuant to a compromise pending A.S.No.164/2012, on the file of this Hon'ble Court, she received a sum of Rs.1,75,000/- (Rupees one lakh and seventy five thousand only) on 05.07.2013 from the Respondent towards her claim for damages. 3. The Appellant and Respondent to put an end to proceedings between them claiming maintenance and relating to declaration of the status have agreed in Mediation to settle all issues and the Respondent has agreed to receive the offer of the Appellant for payment of a further sum of Rs.1,00,000/- (Rupees one lakh only) as full and final settlement of all issues and agrees that she has no further claims against the Appellant. 4. The Appellant has today paid a sum of Rs.1,00,000/- (Rupees one lakh only) to the Respondent and the Respondent has received the same. 5. The Appellant and Respondent agree that they will not initiate any proceeding or reopen any proceeding relating to the Marriage Registration dated 12.01.2009 before the Registrar of Marriages, Salem West in No.41/2009 or allegation of relationship between them and that they will not interfere in each other life." 8.In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 21.01.2014, and in terms of the Mediation Report, dated 21.01.2014, before the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, this appeal is decreed. There shall be a Decree, in terms of the Mediation Agreement, dated 21.1.2014. No costs. All the connected applications are closed. The terms of the Mediation Agreement, dated 21.01.2014, shall form part of the decree. The original documents, if any, filed by the plaintiff, in the Suit, shall be returned to him.