Research › Search › Judgment

Madras High Court · body

2014 DIGILAW 3229 (MAD)

J. Hemalatha v. A. R. Amarnath @ Gopinath

2014-09-10

G.CHOCKALINGAM, V.DHANAPALAN

body2014
Judgment 1. When the Civil Miscellaneous Appeal was taken up for hearing on 25.03.2014, a Hon'ble Division Bench of this Court referred the matter for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras. 2. A communication dated 04.09.2014 of Tamil Nadu Mediation and Conciliation Centre, High Court, Madras along with its Mediation Report dated 28.08.2014 has been received in this regard, wherein it is stated thus:- "Both parties appeared before the Centre along with their Counsel. Parties arrived at an amicable settlement as per the terms in the Joint Memo of Compromise filed by Appellant and Respondent filed by both the parties. Hence the matter is sent back to the Hon'ble Court." 3. As the parties have arrived at a settlement in terms of the Joint Memo of Compromise dated 28.08.2014, the appeal is listed before this Court for passing an order in terms of the Joint Memo of Compromise. 4. The Joint Memo of Compromise dated 28.08.2014, signed by the parties and their respective counsel reads as follows:- "1. The respondent herein filed F.C.O.P.No.87 of 2009 before the Family Court at Salem seeking dissolution of marriage held between the respondent and the appellant on 02.02.2006 at A/M. Azhagianatha Swami Thirukoil Salem. The said O.P. was contested by the appellant and the same was decreed on 26.06.2013. Aggrieved over the same the appellant has filed the above appeal before this Hon'ble Court. After mediation and conciliation both the appellant and the respondent have agreed for the following terms. 2. The appellant is withdrawing the above appeal. The appellant agrees that she will not claim any maintenance from the respondent in future except the permanent alimony of Rs.1,00,000/-which she had received on 28.08.2014 from the respondent by way of Demand Draft No.303951, dt. 26.08.2014 drawn on State Bank of India, Salem Main Branch. 3. The respondent has deposited a sum of Rs.3,00,000/- as fixed deposit with Indian Overseas Bank Salem Main Branch car street in the name of their daughter (minor) G.Lathika for her maintenance. The appellant as natural guardian is entitled to withdraw the interest accrued on the said fixed deposit periodically. The fixed deposit receipt bearing No.144762 dated 27.08.2014 has been handed over to the appellant. 4. Both the appellant and respondent declares that they do not have any other claim as against each other in future. The appellant as natural guardian is entitled to withdraw the interest accrued on the said fixed deposit periodically. The fixed deposit receipt bearing No.144762 dated 27.08.2014 has been handed over to the appellant. 4. Both the appellant and respondent declares that they do not have any other claim as against each other in future. The appellant as the mother will be guardian of the person and property of the minor child. 5. The appellant is entitled to have visitation rights for one hour on every Sunday between 6 and 7 pm and the appellant has also agreed for the said visitation rights of the respondent. It is therefore prayed that this Hon'ble Court may be pleased to record the joint memo of compromise and the above appeal may be dismissed as withdrawn and thus render justice.” 5. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Report as per the terms in the Joint Memo of Compromise dated 28.08.2014 by the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, the Civil Miscellaneous Appeal is disposed of by recording the Joint Memo of Compromise. The Joint Memo of Compromise dated 28.08.2014 and the report shall form part of the order. No costs. Consequently, connected miscellaneous petition is closed.