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2021 DIGILAW 1692 (MAD)

Akku Titus George @ Rebecca v. Ajeet George B

2021-06-08

M.SUNDAR

body2021
ORDER : Ms. Poongkhulali, counsel for petitioner, Ms. Akku Titus George @ Rebecca, petitioner, Ms. V. Kamala Kumar, learned counsel for respondent and respondent Mr. Ajeet George B have joined this hearing on a video conferencing platform, i.e., they are before this Virtual Court. 2. Captioned G.W.O.P was listed under the cause list caption 'FOR COMPROMISE' on a joint request made yesterday by aforementioned two learned counsel. It was submitted by both the learned counsel in unison that the captioned matter pertains to custody of a minor child (daughter of Petitioner and Respondent) Aandrea George (Date of Birth 12.10.2010) and therefore it is desirable to treat this as a case in extremely urgent matters category more particularly as a compromise has been arrived at, there is going to be no contest and compromise decree can be worked / operated so that it enures to the benefit / welfare of the minor child. It was emphasised in unison that the joint request is keeping in mind the interest and welfare of the minor. 3. Be that as it may, in the hearing today, adverting to the case file, both learned counsel submit in unison that the captioned matter which is under the 'Guardians and Wards Act, 1890 ('GAWA' for brevity) was referred to 'Tamil Nadu Mediation and Conciliation Centre under the aegis of this Court' (hereinafter 'TNMCC' for the sake of brevity) vide order dated 16.12.2020 by Hon'ble predecessor Judge and after several sittings, the mediation fructified and the same has culminated in a 'Memorandum of Understanding dated 03.06.2021' (hereinafter 'said MOU' for brevity) which is primarily regarding shared custody of the aforementioned minor child of petitioner and respondent. 4. Both learned counsel and their respective clients i.e., petitioner and respondent confirm that said MOU was signed in the presence of each other and their respective counsel before TNMCC, both parties and their respective counsel request that the captioned G.W.O.P may please be disposed of in terms of and by recording said MOU. 5. To be noted, owing to the 'Corona Virus pandemic and consequent Lock down', which is collectively referred to as 'Covid – 19' situation, which parties could not portend or presage, a request that virtual court appearance of parties may please be deemed sufficient for recording said MOU was made. 5. To be noted, owing to the 'Corona Virus pandemic and consequent Lock down', which is collectively referred to as 'Covid – 19' situation, which parties could not portend or presage, a request that virtual court appearance of parties may please be deemed sufficient for recording said MOU was made. This request was buttressed by a further common submission in unison that said MOU was signed in TNMCC by parties in the presence of one another and their respective counsel before TNMCC. This request to treat virtual court appearance of parties as sufficient for recording said MOU is acceded to. This Court specifically asked the respondent and the petitioner one after the other independently as to whether they are fully conversant with all the clauses adumbrated in said MOU and as to whether they are agreeable to captioned G.W.O.P being disposed of in terms of said MOU. Petitioner and respondent answered in the affirmative in unison. This is recorded. 6. Scanned reproduction of said MOU (together with memo filed by the petitioner) is as follows: IMAGE 7. To be noted, the aforementioned MOU has been sent to this Court by TNMCC under cover of letter dated 07.06.2021 bearing reference Mediation File No.490/2020 stating that said MOU has been arrived at and scanned reproduction of this letter of TNMCC under cover of which said MOU has been sent to this Court is as follows: IMAGE 8. In the light of narrative thus far, captioned G.W.O.P is disposed of in terms of said MOU and by recording said MOU which shall form part of the order and decree. No costs. Consequently, connected applications are closed.